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IN RE AMALGAMATED FOODS, INC.

Bankruptcy Nos. LA 83-02224-JA, LA 83-02225-JA.

41 B.R. 616 (1984)

In re AMALGAMATED FOODS, INC., a California corporation, Debtor. In re AMALGAMATED ENTERPRISES, INC., a Delaware corporation, Debtor.

United States Bankruptcy Court, C.D. California.

July 23, 1984.

Attorney(s) appearing for the Case

Morris W. Hirsch, Pillsbury, Madison & Sutro, San Francisco, Cal., for Joint Board of Trustees of the Western Conference of Teamsters Pension Trust Fund.

John R. Tate, Gendel, Raskoff, Shapiro & Quittner, Mark Townsend, Parker, Milliken, Clark, O'Hara & Samuelian, Los Angeles, Cal., for debtors.

MEMORANDUM OF DECISION AND ORDER

JOHN D. AYER, Bankruptcy Judge.

INTRODUCTION

This case presents an apparent conflict between the Bankruptcy Code and the Employee Retirement Income Security Act of 1974 ("ERISA"). The underlying dispute involves alleged liability for withdrawal from a pension trust fund. The claimant asserts that any dispute should be carried out through ERISA's statutory arbitration procedure. The debtor asserts that it may bypass...

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