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AIRCO INDUS. GASES v. TEAMSTERS HEALTH & WELFARE PENSION FUND

Civ. A. No. 84-123 MMS.

618 F.Supp. 943 (1985)

AIRCO INDUSTRIAL GASES, Plaintiff, v. TEAMSTERS HEALTH AND WELFARE PENSION FUND OF PHILADELPHIA & VICINITY, Defendant.

United States District Court, D. Delaware.

September 11, 1985.

Attorney(s) appearing for the Case

Stanley William Balick, Stanley William Balick, P.A., Wilmington, Del., of counsel; Robert J. Bray, Jr., and Thomas M. Tammany, Robert J. Bray & Associates, Philadelphia, Pa., for plaintiff.

Francis J. Trzuskowski, Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Del., of counsel; James J. Leyden, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for defendant.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Plaintiff Airco Industrial Gases ("Airco") instituted this action against the Teamsters Health and Welfare Pension Fund of Philadelphia and Vicinity ("Fund") to recover payments mistakenly made to the Fund. Plaintiff alleges causes of action under sections 301 and 302 of the Labor Management Relations Act ("LMRA"), as amended, 29 U.S.C. §§ 185, 186, section 403(c) of the Employee Retirement Income Security...

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