Third Circuit disposition — 071050pa-pdf

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 07-1050, 07-1051, 07-1052
IN RE: APA TRANSPORT CORP. CONSOLIDATED
LITIGATION
TEAMSTERS LOCAL UNION NO. 560,
Appellant No. 07-1050
__________
IN RE: APA TRANSPORT CORP. CONSOLIDATED
LITIGATION
BRIAN CAMPBELL; JOHN CRONIN JR.;
ANDREW IMPERATORE; OMER MASSE;
GARY PEGORARO; DEBORAH TETRO;
and RICHARD YURCISIN,
Appellants No. 07-1051
IN RE: APA TRANSPORT CORP. CONSOLIDATED
LITIGATION
TEAMSTERS PENSION TRUST FUND
OF PHILADELPHIA AND VICINITY;
TEAMSTERS HEALTH AND
WELFARE FUND OF PHILADELPHIA
AND VICINITY; and TEAMSTERS
LOCAL NO. 470,
Appellants No. 07-1052
On Appeal from the United States District Court
for the District of New Jersey
Honorable Garrett E. Brown, Jr.
(Civ. A. No. 02-CV-3480)

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___________
Argued March 11, 2008
Before: FUENTES, CHAGARES and ALDISERT, Circuit
Judges.
(Opinion Filed August 29, 2008)
___________
David Grossman
Cohen, Leder, Montalbano & Grossman
1700 Galloping Hill Road
Kenilworth, NJ 07033
Counsel for Appellant
Teamsters Local Union No. 560
John C. Lankenau
Lankenau & Miller
Suite 10A
20 West 86th Street
New York, NY 10024
Counsel for Appellants
Brian Campbell; John Cronin Jr.; Andrew Imperatore; Omer
Masse; Gary Pegoraro; Deborah Tetro; and Richard Yurcisin
Paul A. Friedman [ARGUED]
Blank Rome
405 Lexington Avenue
The Chrysler Building
New York, NY 10174
Counsel for Appellants
Teamsters Local Union No. 470; Teamsters Pension Trust Fund
of Philadelphia and Vicinity; Teamsters Health and Welfare
Fund of Philadelphia and Vicinity
Keith R. McMurdy [ARGUED]
Fox Rothschild

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100 Park Avenue
Suite 1500
New York, NY 10017
Counsel for Appellees
APA Truck Leasing, APA Transport Corp.
Shea H. Lukacsko
Fox Rothschild
75 Eisenhower Parkway
Roseland, NJ 07068
Counsel for Appellees
APA Truck Leasing, APA Transport Corp.
ORDER AMENDING OPINION
FUENTES, Circuit Judge.
IT IS NOW ORDERED that on Page 9, the two sentences
in the first paragraph beginning with “One set of plaintiffs was
comprised of...” and ending with “who alleged violations of the
WARN Act and ERISA” be replaced with the following:
One set of plaintiffs was comprised of two ERISA
funds, the Teamsters Pension Trust Fund of
Philadelphia and Vicinity and the Teamsters
Health and Welfare Fund of Philadelphia and
Vicinity (“Plaintiff Funds”), which together with
Teamsters Local 470 (“Employee Plaintiffs”),
alleged violations of the WARN Act and ERISA.
A second set of plaintiffs was comprised of a class
of non-union employees and Local 560 (also
“Employee Plaintiffs”) who alleged violations of
the WARN Act and ERISA.
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By the Court,
/s/ Julio M. Fuentes
Circuit Judge
Dated: October 27, 2008
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