MILLER AND SON PAVING, INC. v. TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA & VICINITY

Filing 22

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT FILED BY APPELLANT MILLER & SON PAVING, INC., IS DENIED AND THE MOTION FOR SUMMARY JUDGMENT FILED BY APPELLEE TEAMSTER PENSION TRUST FUND OF PHILADELPHIA AND VICINITY IS GRANTED ON THE MERITS, BUT DENIED AS TO ITS REQUEST FOR ATTORNEY'S FEES. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/14/2016. 9/14/2016 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MILLER & SON PAVING, INC.,
Appellant,
v.
TEAMSTERS PENSION TRUST FUND OF
PHILADELPHIA AND VICINITY,
Appellee.

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MCHUGH, J.

CIVIL ACTION
No. 15-4869

SEPTEMBER 14, 2016
ORDER

This 14th day of September, 2016, upon consideration of the Cross-Motions for
Summary Judgment filed by the parties, it is hereby ORDERED that the Motion for Summary
Judgment filed by Appellant Miller & Son Paving, Inc., is DENIED and the Motion for
Summary Judgment filed by Appellee Teamsters Pension Trust Fund of Philadelphia and
Vicinity is GRANTED on the merits, but DENIED as to its request for attorney’s fees.

/s/ Gerald Austin McHugh
United States District Judge