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KEITH FULTON & SONS v. NEW ENGLAND TEAMSTERS

No. 83-1804.

762 F.2d 1137 (1985)

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

United States Court of Appeals, First Circuit.

Decided May 23, 1985.

Attorney(s) appearing for the Case

Anthony M. Feeherry, Boston, Mass., with whom Joseph L. Cotter, Susan K. Hoffman, Henry C. Dinger, 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.

Mitchell L. Strickler, Deputy Gen. Counsel, Washington, D.C., with whom Henry Rose, General Counsel, Baruch A. Fellner, Associate Gen. Counsel, J. Stephen Caflisch, Sp. Counsel, Peter H. Gould, Deputy Asst. Gen. Counsel, Terence G. Craig, David F. Power, Washington, D.C., and Louise E. Cayne, Nathan Lewin, Martin D. Minsker and Miller, Cassidy, Larroca & Lewin, were on brief for Intervenor Pension Ben. Guar. Corp.

Before CAMPBELL, Chief Judge, ALDRICH, COFFIN, BOWNES, BREYER and TORRUELLA, Circuit Judges.

COFFIN, Circuit Judge.

Appellant Keith Fulton & Sons, Inc. (Fulton) originally challenged the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. §§ 1381, et seq., Pub.L. No. 96-364, 94 Stat. 1208 (1980), on a number of grounds. A panel of this court upheld most of the act, but found that certain presumptions in the statute, 29 U.S.C. § 1401(a)(3), deprived employers of procedural due process. Because...

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