Legal Opinion · Dissent
Pantry Pride, Inc. v. Retail Clerks Tri-State Pension Fund
Court of Appeals for the Third Circuit
Decided October 31, 1984No. 83-1815Published
1Dissent
JAMES HUNTER, III, Circuit Judge,
dissenting:
1. The majority opinion finds that the Fund’s request for interim payments of withdrawal liability was a prayer for injunctive relief, and therefore that the district court’s order denying that relief was appealable, by looking “to the substance of the request, rather than relypng] only on its language ____” Yet the majority applies a rule of strict construction to find that the very same request was not a counterclaim, and therefore that the Fund is entitled to no affirmative relief. I find this disturbing, not only because it contravenes the…
2Cases cited5 opinions
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- De Vito v. HoffmanCourt of Appeals for the D.C. Circuit · 1952
- United States v. White County Bridge CommissionCourt of Appeals for the Seventh Circuit · 1960
- George W. Goulding, on Counterclaim v. Michael Sands, on Counterclaim v. United States Fire Insurance Company, Garnishee-AppellantCourt of Appeals for the Third Circuit · 1966
- Goulding v. SandsDistrict Court, W.D. Pennsylvania · 1965