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REPUBLIC INDUSTRIES v. TEAMSTERS JOINT COUNCIL

Nos. 83-1054, 83-1109, 83-1119 and 83-1196.

718 F.2d 628 (1983)

REPUBLIC INDUSTRIES, INC., a Del. Corp., Appellant, v. TEAMSTERS JOINT COUNCIL NO. 83 OF VIRGINIA PENSION FUND, an unincorporated assoc., Appellee. Pension Benefit Guaranty Corp., Amicus Curiae. REPUBLIC INDUSTRIES, INC., a Del. Corp., Appellee, v. TEAMSTERS JOINT COUNCIL NO. 83 OF VIRGINIA PENSION FUND, an unincorporated assoc., Appellant. Pension Benefit Guaranty Corp., Amicus Curiae. REPUBLIC INDUSTRIES, INC., a Del. Corp., Appellee, v. TEAMSTERS JOINT COUNCIL NO. 83 OF VIRGINIA PENSION FUND, an unincorporated assoc., Appellant. Pension Benefit Guaranty Corp., Amicus Curiae. REPUBLIC INDUSTRIES, INC., a Del. Corp., Appellant, v. TEAMSTERS JOINT COUNCIL NO. 83 OF VIRGINIA PENSION FUND, an unincorporated assoc., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 9, 1983.

Attorney(s) appearing for the Case

Lester M. Bridgeman, Washington, D.C. (Louis T. Urbanczyk, Washington, D.C., Philip B. Kurland, John J. Coffey, III, Christopher G. Walsh, Jr., Rothschild, Barry & Myers, Chicago, Ill., on brief), for appellant.

Paul J. Ondrasik, Jr., Washington, D.C. (Antonia B. Ianniello, Steptoe & Johnson Chartered, Washington, D.C., on brief), for appellee.

Henry Rose, Gen. Counsel, Baruch A. Fellner, Associate Gen. Counsel, J. Stephen Caflisch, Sp. Counsel, Peter H. Gould, Terence G. Craig, David F. Power, Washington, D.C., on brief, for amicus curiae Pension Ben. Guaranty Corp.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

WINTER, Chief Judge:

The principal issue in these cross appeals is the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 (1980 Act), 29 U.S.C. §§ 1381 et seq., which became effective September 26, 1980 but which provided liability for complete or partial employer withdrawal from a multiemployer pension plan retroactive to April 29, 1980. § 1461(e)(2)(A). The constitutionality of the 1980 Act is attacked on the grounds...

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