KEITH FULTON & SONS v. NEW ENGLAND TEAMSTERS

No. 83-1804.

762 F.2d 1124 (1984)

KEITH FULTON & SONS, INC., Plaintiff, Appellant, v. NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 6, 1984.


Attorney(s) appearing for the Case

Anthony M. Feeherry, Boston, Mass., with whom Joseph L. Cotter, Susan K. Hoffman, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for plaintiff, appellant.

James T. Grady, Boston, Mass., with whom Gabriel O. Dumont, Jr., and Grady, Dumont & Dwyer, Boston, Mass., were on brief, for defendants, appellees.

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

Before CAMPBELL, Chief Judge, ALDRICH, Circuit Judge, and PETTINE, Senior District Judge.


PETTINE, Senior District Judge.

In this case plaintiff/appellant Keith Fulton & Sons, Inc., is challenging the constitutionality of certain provisions of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) as applied to it. The MPPAA amended various provisions of the Employee Retirement Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The district court below granted summary judgment on all counts in favor of the defendants. We affirm...

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