TRANSPORT MOTOR EXP. v. CENTRAL STATES PEN. FUND

No. 83-2026.

724 F.2d 575 (1983)

TRANSPORT MOTOR EXPRESS, INC., E.W. Bohren Transport, Inc., and Essex Group, Inc., Plaintiffs-Appellants, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 19, 1983.


Attorney(s) appearing for the Case

Harris Weinstein, Covington & Burling, Washington, D.C., for plaintiffs-appellants.

Robert C. Christenson, Coghlan, Joyce, Nellis & Kelly, Chicago, Ill., for defendant-appellee.

Baruch A. Fellner, Pension Benefit Guaranty Corp., Washington, D.C., for amicus curiae.

Before CUDAHY and ESCHBACH, Circuit Judges, and SWYGERT, Senior Circuit Judge.


CUDAHY, Circuit Judge.

In this expedited appeal,1 we are asked to consider the constitutionality of various provisions of the Multiemployer Pension Plan Amendment Act of 1980 (the "MPPAA"). Appellants contend that the withdrawal liability provisions of the MPPAA, allegedly as applied in a retroactive manner to them, violate the due process and takings clauses of the fifth amendment and that the...

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