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MATTER OF COTT CORP.

Bankruptcy No. 2-80-00657, Adv. No. 2-81-0813.

26 B.R. 332 (1982)

In The Matter of COTT CORPORATION, Debtor. COTT CORPORATION, Plaintiff, v. NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND, William J. McCarthy, H. Terence Lyons, Fred J. Roberto, Vincent Pisano, John E. Amaral, J. Leo Barry, Robert Williamson, and George J. Borgos, As Trustees of the New England Teamsters and Trucking Industry Pension Fund, Defendants.

United States Bankruptcy Court, D. Connecticut.

December 21, 1982.

Attorney(s) appearing for the Case

Richard F. Casher, and Michael J. Reilly, Hebb & Gitlin, P.C., Hartford, Conn., for plaintiff.

Norman Zolot, Hamden, Conn., for defendants.

MEMORANDUM AND DECISION

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I.

ISSUE

The sole issue to be decided at this stage of the instant proceeding is whether the bankruptcy court has jurisdiction to determine the extent of so-called "withdrawal liability" of the debtor, Cott Corporation (Cott), to the defendant, New England Teamsters and Trucking Industry Pension Fund and its eight (8) individual trustees (collectively, the "Fund"), under...

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