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CORBETT v. MacDONALD MOVING SERVICES, INC.

No. 1459, Docket 96-9413.

124 F.3d 82 (1997)

Robert CORBETT; Alexander Roca; Peter Furtado; Dennis Farrell, as Trustees and Fiduciaries of the Teamsters Local 814 Pension Fund, Plaintiffs-Appellants, v. MacDONALD MOVING SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Eugene S. Friedman, Friedman & Levine (William K. Wolf, William Anspach, on the brief), New York City, for Plaintiffs-Appellants.

Mark A. Stull (Douglas J. Pick, Pick & Halperin, LLP, New York City, on the brief), Boston, MA, for Defendant-Appellee.

Before: MESKILL, JACOBS, and LEVAL, Circuit Judges.

JACOBS, Circuit Judge:

A Chapter 11 debtor in bankruptcy, Santini Brothers, Inc. ("Santini"), ceased doing business in 1991 and laid off its employees, thereby incurring statutory "withdrawal liability" to the Teamster Local 814 Pension Fund, an ERISA multi-employer pension plan. See 29 U.S.C. §§ 1381-1405. Santini and the parent company that owns 100% of its stock — MacDonald Moving Services, Inc. ("MacDonald") — undertook in Santini...

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