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BOWERS v. TRANSPORTACION MARITIMA MEXICANA, S.A.

Nos. 533, 632, Dockets 89-7772 to 89-7776.

901 F.2d 258 (1990)

John BOWERS, Donald Carson, James G. Costello, M. Brian Maher, Anthony Pimpinella, Anthony J. Tozzoli, Peter F. Vickers, as Trustees for and on behalf of the NYSA-ILA Pension Trust Fund, Plaintiffs-Appellees, Cross-Appellants, v. TRANSPORTACION MARITIMA MEXICANA, S.A., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1990.

Attorney(s) appearing for the Case

Kevin Marrinan (Thomas W. Gleason, Ernest L. Mathews, Jr., and C. Peter Lambos, Donato Caruso, Nicholas G. Maglaras, Lambos & Giardino, New York City, of counsel), for plaintiffs-appellees, cross-appellants.

Kenneth H. Volk (Geoffrey J. Ginos, W. Cameron Beard, Burlingham, Underwood & Lord, New York City, of counsel), for defendant-appellant, cross-appellee.

Before VAN GRAAFEILAND, PIERCE, and MINER, Circuit Judges.

MINER, Circuit Judge:

Transportacion Maritima Mexicana, S.A. ("TMM") appeals from a judgment entered June 29, 1989, in the United States District Court for the Southern District of New York (Owen, J.), finding that TMM was an "employer" subject to withdrawal liability under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461 (1982 & Supp. V 1987), as amended by the Multiemployer Pension Plan Amendments Act ("MPPAA"),...

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