PENSION BENEFIT GUARANTY CORPORATION
v.
R. A. GRAY & CO.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 16, 1984
Decided June 18, 1984
Attorney(s) appearing for the Case
Baruch A. Fellner argued the cause for appellants in both cases. With him on the briefs for appellant in No. 83-245 were Henry Rose, Mitchell L. Strickler, J. Stephen Caflisch, Peter H. Gould, David F. Power, Nathan Lewin, and Seth P. Waxman. William B. Crow, James N. Westwood, William H. Walters, and David S. Paull filed briefs for appellant in No. 83-291.
Thomas M. Triplett argued the cause and filed a brief for appellee.†
Briefs of amici curiae urging affirmance were filed for G & R Roofing Co. by Michael E. Merrill, Stephen J. Schultz, and Mark T. Bennett; for the National Association of Wholesaler-Distributors by Harold T. Halfpenny; for the National Association of Manufacturers by Chester W. Nosal, John R. Keys, Jr., Jan S. Amundson, and Quentin Riegel; for the National-American Wholesale Grocers' Association by William H. Borghesani, Jr., and Peter A. Susser; for the National Steel Service Center, Inc., by Ralph T. DeStefano and Richard R. Riese; for Republic Industries, Inc., by Philip B. Kurland, Christopher G. Walsh, Jr., Lester M. Bridgeman, and Louis T. Urbanczyk; for Sibley, Lindsay & Curr Co. by William L. Dorr; and for Transport Motor Express, Inc., et al. by Harris Weinstein.
Jack L. Whitacre and Stephen A. Bokat filed a brief for the Chamber of Commerce of the United States as amicus curiae.
Supreme Court of United States.
JUSTICE BRENNAN delivered the opinion of the Court.
The question presented by these cases is whether application of the withdrawal liability provisions of the Multiemployer Pension Plan Amendments Act of 1980 to employers withdrawing from pension plans during a 5-month period prior to the statute's enactment violates the Due Process Clause of the Fifth Amendment. We hold that it does not.
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