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TEAMSTERS JOINT COUNCIL NO. 83 v. CENTRA, INC.

No. 90-1815.

947 F.2d 115 (1991)

TEAMSTERS JOINT COUNCIL NO. 83, Plaintiff-Appellee, v. CENTRA, INCORPORATED; Central Cartage Company; Detroit International Bridge Company; Superior Forwarding Company; Transport Communications Systems; Central Transport, Incorporated; Bancroft Trucking Company; GLS Leasco, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1991.

Attorney(s) appearing for the Case

Patrick A. Moran, Simpson Moran, Birmingham, Ala., argued (Michael A. Nedelman, Fredric A. Smith, Simpson Moran, Birmingham, Thomas E. Spahn, Gary S. Marshall, McGuire, Woods, Battle & Boothe, Richmond, Va., on brief), for defendants-appellants.

Melvin R. Manning, Manning, Davis Kirby, Richmond, Va., argued (F. William Kirby, Jr., Manning, Davis & Kirby, on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, and PHILLIPS and HAMILTON, Circuit Judges.

OPINION

ERVIN, Chief Judge:

This appeal requires us to consider whether the statutory duty under ERISA of a control group of corporations to make interim withdrawal payments to the multiemployer pension fund of a bankrupt subsidiary may be suspended pending arbitration and appeal in the federal courts. We affirm the district court's finding that the duty to make interim payments continued in this case despite the defenses to liability asserted by the control...

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