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CONCRETE PIPE & PRODUCTS OF CAL., INC. v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA

No. 91-904.

508 U.S. 602 (1993)

CONCRETE PIPE & PRODUCTS OF CALIFORNIA, INC. v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA

United States Supreme Court.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Dennis R. Murphy argued the cause for petitioner. With him on the briefs was James M. Nelson.

John S. Miller, Jr., argued the cause and filed a brief for respondent.

Carol Connor Flowe argued the cause for the Pension Benefit Guaranty Corporation as amicus curiae urging affirmance. With her on the brief were Jeffrey B. Cohen and Israel Goldowitz.*

Souter, J., delivered the opinion of the Court, which was unanimous except insofar as O'Connor, J., did not join the statement to which n. 28 is attached, Scalia, J., did not join Part III—B-1—b, and Thomas, J., did not join Part III—B-1. O'Connor, J., filed a concurring opinion, p. 647. Thomas, J., filed an opinion concurring in part and concurring in the judgment, p. 649.

Justice Souter delivered the opinion of the Court.1

Respondent Construction Laborers Pension Trust for Southern California (Plan) is a multiemployer pension trust fund established under a Trust Agreement executed in 1962. Petitioner Concrete Pipe and Products of California, Inc. (Concrete Pipe), is an employer and former contributor to the Plan that withdrew from it and was assessed "withdrawal...

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