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PANTRY PRIDE v. RETAIL CLERKS TRI-STATE PENSION

No. 83-1815.

747 F.2d 169 (1984)

PANTRY PRIDE, INC. and Pantry Pride Enterprises, Inc., Appellees, v. RETAIL CLERKS TRI-STATE PENSION FUND, Norman L. Tyrie, Robert Carman, John C. Brennan, William Campbell, Angelo J. Lagano, Samuel Rocco, William Stebbins, Wendell W. Young, III, Roland Coleman, John Dailey, Edward Fagen, Joseph E. Lair, J. Fred Maurer, James Varian, Ronald Rosmini and John Bogan, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 31, 1984.

Attorney(s) appearing for the Case

Warren M. Laddon, Michael L. Banks, Morgan, Lewis & Bockius, Philadelphia, Pa., Barry S. Slevin, Roberta L. deAraujo, Seifman, Semo, Slevin & Marcus, P.C., Washington, D.C., for appellants.

Stuart H. Savett, Robert J. LaRocca, Kohn, Savett, Marion & Graf, P.C., Philadelphia, Pa., David A. Rosen, Stein, Simpson & Rosen, New York City, for appellees.

Before SEITZ, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

I.

The Retail Clerks Tri-State Pension Fund and its trustees, defendants in this declaratory judgment action, appeal from an order of the district court denying, in part, their motion for interim employer's withdrawal liability payments demanded under the Multiemployer Pension Plan Amendments Act (the "MPPAA"), 29 U.S.C. §§ 1399(c)(2), 1401(d) (1982). Jurisdiction

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