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FOTTA v. TRUSTEES OF UNITED MINE WORKERS

No. 01-2097.

319 F.3d 612 (2003)

Abraham FOTTA, individually and on behalf of all other persons similarly situated, Appellant v. TRUSTEES OF THE UNITED MINE WORKERS OF AMERICA, Health and Retirement Fund of 1974; Michael Holland; Donald Pierce; Elliot Segal; Joseph Stahl, II

United States Court of Appeals, Third Circuit.

Filed February 11, 2003.

Submitted Under Third Circuit LAR 34.1(a) January 14, 2002.

OPINION OF THE COURT

ROTH, Circuit Judge.

Appellant, Abraham Fotta, is a disabled miner who had to wait nine years to receive his disability payments. He has now received all the delayed payments but has sued his pension fund, claiming that § 502(a)(3)(B) of the Employee Retirement Income Security Act of 1974 (ERISA) entitles him to the interest...

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