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F.H. COBB CO. v. N.Y.S. TEAMSTERS CONFERENCE

No. 82-CV-765.

584 F.Supp. 1181 (1984)

F.H. COBB COMPANY and Super Food Services, Inc., Plaintiffs, v. NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND; Paul E. Bush, Rocco F. Deperno, Victor Mousseau, Jack Canzoneri, Irving Wisch, Kepler Vincent and T. Howard Nolan as Trustees of the New York State Teamsters Conference Pension and Retirement Fund, Defendants.

United States District Court, N.D. New York.

April 17, 1984.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Syracuse, N.Y., for plaintiffs; L. Lawrence Tully, Syracuse, N.Y., of counsel.

Maloney, Viviani, Higgins & Kelly, New York City, for defendants; Arthur J. Viviani, New York City, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Under the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), a participating employer that withdraws from a multiemployer pension plan is required to continue funding its proportionate share of the plan's unfunded benefit obligations. 29 U.S.C. § 1381. Congress imposed withdrawal liability upon employers in order to "relieve the funding burden on remaining employers and to eliminate the...

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