2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-27-2008

Omer Masse v. APA Transp Corp

Precedential or Non-Precedential: Precedential

Docket No. 07-1050

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Recommended Citation

"Omer Masse v. APA Transp Corp" (2008). 2008 Decisions. Paper 278.

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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 
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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