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SPECKMANN v. PADDOCK CHRYSLER PLYMOUTH, INC.

No. 82-0888-C(C).

565 F.Supp. 469 (1983)

Fred R. SPECKMANN, Clarence F. Hanneken, R. Bruce Wynne, Edgar M. Hayward, Monsignor Carl C. Poelker, in their representative capacity as Trustees of the District No. 9, I.A.M.A.W. Pension Plan, Plaintiffs, v. PADDOCK CHRYSLER PLYMOUTH, INC., a Missouri corporation, Defendant.

United States District Court, E.D. Missouri, E.D.

Modified Opinion on Motions for Summary Judgment May 31, 1983.

Opinion on Motion for Modification of Judgment June 21, 1983.

Attorney(s) appearing for the Case

Cary Hammond, Clayton, Mo., for plaintiffs.

Gerald Tockman, St. Louis, Mo., for defendant.

MEMORANDUM

MEREDITH, District Judge.

This matter is before the Court upon the cross-motions of plaintiffs and defendant for summary judgment. The issue presented by the parties' motions is whether retroactive application of the MPPAA, 29 U.S.C. §§ 1381(a) and 1461(e)(2)(A), as applied to the defendant herein, violates the Fifth Amendment to the United States Constitution. For the reasons set forth below, plaintiffs' motion for summary judgment...

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