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S & M PAVING v. CONST. LABORERS PENSION TRUST

Nos. 81-5929 TJH, 81-4910.

539 F.Supp. 867 (1982)

S & M PAVING, INC., Plaintiff, v. The CONSTRUCTION LABORERS PENSION TRUST OF SOUTHERN CALIFORNIA, Defendant. Alan C. ELLS, Plaintiff, v. The CONSTRUCTION LABORERS PENSION TRUST OF SOUTHERN CALIFORNIA, Defendant.

United States District Court, C. D. California.

April 12, 1982.

Attorney(s) appearing for the Case

Wayne A. Hersh, Van A. Goodwin, Merrill, Schultz & Hersh, Newport Beach, Cal., for plaintiffs Ells and S & M Paving.

James Watson, Howard A. Kroll, Cox, Castle & Nicholson, Los Angeles, Cal., for defendant Construction Laborers Pension Trust.

OPINION

HATTER, District Judge:

I.

BACKGROUND

This action concerns the validity of the Multiemployer Pension Plan Amendment Act of 1980 (MPPAA) (29 U.S.C. § 1381 et seq.). That Act amended the Employee Retirement Income Act of 1974, commonly known as ERISA.

Prior to ERISA, numerous private pension plans had experienced difficulty providing promised retirement benefits for their...

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