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NAT. STABILIZATION AGREEMENT v. COMR'L ROOFING

Nos. 78-1761, 78-2071.

655 F.2d 1218 (1981)

NATIONAL STABILIZATION AGREEMENT OF the SHEET METAL INDUSTRY TRUST FUND, et al., v. COMMERCIAL ROOFING & SHEET METAL, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 1981.

Attorney(s) appearing for the Case

William H. DuRoss, III, Washington, D. C., for appellants. Gerard C. Smetana and Burt A. Braverman, Washington, D. C., also entered appearances for appellants.

Harry Huge, Washington, D. C., with whom David R. Boyd and Krista M. Fogleman, Washington, D. C., were on the brief, for appellees.

Before TAMM and MIKVA, Circuit Judges, and PHILIP NICHOLS, Jr., Judge, United States Court of Claims.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In this case we must determine whether the alleged existence of certain "structural defects" in a joint labor-management trust fund constitutes an adequate defense to a collection suit for delinquent contributions brought under section 502 of the Employee Retirement Income and Security Act (ERISA), 29 U.S.C. § 1132 (1976). The National Stabilization Agreement of the Sheet Metal Industry...

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