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HOP ENERGY, L.L.C. v. LOCAL 553 PENSION FUND

Docket No. 10-3889-cv.

678 F.3d 158 (2012)

HOP ENERGY, L.L.C., Plaintiff-Appellant, v. LOCAL 553 PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 3, 2012.

Attorney(s) appearing for the Case

Linda L. Morkan ( Frank F. Coulom, Jr. , on the brief), Robinson & Cole LLP, Hartford, CT, for Plaintiff-Appellant.

Eugene S. Friedman ( William K. Wolf , Anusha Rasalingam , Cristina E. Gallo , on the brief), Friedman & Wolf, New York, NY, for Defendant-Appellee.

Eric Field , Assistant Chief Counsel ( Israel Goldowitz , Chief Counsel, Karen L. Morris , Deputy Chief Counsel, Beth A. Bangert & Richard Luna , Attorneys, on the brief), Pension Benefit Guaranty Corporation, Washington, D.C., for Amicus Curiae Pension Benefit Guaranty Corporation.

Chief Judge JACOBS dissents by separate opinion.

WESLEY, Circuit Judge:

I.

Plaintiff-Appellant HOP Energy, L.L.C. ("HOP") delivers fuel oil and provides heating services to homes and businesses in Massachusetts, Connecticut, Rhode Island, New Jersey, Pennsylvania, and Delaware through independent operating divisions. Prior to May 12, 2007, it serviced New York City customers through its Madison Oil ("Madison") operating division. Madison was a "union shop" and had signed the Teamsters Local 553 2004-07...

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