# Wolf, Dorothy, G. v. National Shopmen Pension Fund Shopmen's Local 548 Gehringer, Richard H. Appeal of National Shopmen Pension Fund

> Court of Appeals for the Third Circuit · October 24, 1984 · 728 F.2d 182

URL: https://www.frixlaw.com/law-library/cases/9471822

## Case

- **Full name:** WOLF, Dorothy, G. v. NATIONAL SHOPMEN PENSION FUND; Shopmen’s Local 548; Gehringer, Richard H. Appeal of NATIONAL SHOPMEN PENSION FUND
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** October 24, 1984
- **Citations:** 728 F.2d 182
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Higginbotham, Gibbons, Garth, Higgin-Botham
- **Cited by:** 91 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471822

## How later opinions describe it (automated extraction)

- applying exhaustion principles before the arbitrary and capricious standard

## Opinion text

*192 SUR PETITION FOR REHEARING IN BANC
Before SEITZ, Chief Judge, and ALDI-SERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER and BECKER, Circuit Judges.
The petition for rehearing filed by NATIONAL SHOPMEN PENSION FUND, appellant in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all other available circuit judges in the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the Court in banc, the petition for rehearing is denied.
Judge Garth would grant the petition for rehearing for the reasons offered in his dissent, in particular the issue of exhaustion of administrative remedies.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471822. Public record. Not legal advice.