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TERSON CO. v. BAKERY DRIVERS & SALESMEN LOCAL 194

No. 83-5655.

739 F.2d 118 (1984)

The TERSON COMPANY, INC. and United States of America, Intervenor, v. BAKERY DRIVERS AND SALESMEN LOCAL 194 and Industry Pension Fund. Appeal of The TERSON COMPANY, INC.,

United States Court of Appeals, Third Circuit.

Decided July 5, 1984.

Attorney(s) appearing for the Case

John R. Keys, Jr., Chester W. Nosal (argued), Winston & Strawn, Washington, D.C., for appellant.

Bennet D. Zurofsky (argued), Sidney Reitman, Reitman, Pasonnet, Maisel & Duggan, Newark, N.J., for appellee.

Peter H. Gould (argued), Terence G. Craig, Pension Benefit Guaranty Corp., Washington, D.C., for amicus curiae.

Before ALDISERT, Chief Judge, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

On this appeal from the district court's grant of appellee's motion under Rule 12(b)(6), F.R.Civ.P., seeking dismissal for failure to state a claim upon which relief could be granted, plaintiff-appellant, The Terson Company, challenges the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. §§ 1381 et seq. We conclude there was no error in the dismissal of Terson...

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