McLEAN v. CENT. STATES, S. & S. AREAS PEN. FUND

Nos. 84-1707, 84-2017.

762 F.2d 1204 (1985)

Harry Lee McLEAN; W. Keenan Stephenson, Jr., Appellees, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Appellant. United States, Amicus Curiae. In re Harry Lee McLEAN, Debtor. Harry Lee McLEAN; W. Keenan Stephenson, Jr., Appellees, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Appellant. In re Harry Lee McLEAN, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1985.


Attorney(s) appearing for the Case

Francis J. Carey, Pittsburgh, Pa. (Michele L. Tate, Chicago, Ill., Carlton B. Bagby, Columbia, S.C., on brief), for appellant.

Sue C. Erwin, Columbia, S.C. (Boyd, Knowlton, Tate & Finlay, Anne McLain Johnson, Palmetto Legal Services, Columbia, S.C., on brief), for appellees.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Richard Farber, Michael J. Roach, Tax Div., Dept. of Justice, Washington, D.C., Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief, for amicus curiae.

Before PHILLIPS and WILKINSON, Circuit Judges, and KISER, District Judge.


JAMES DICKSON PHILLIPS, Circuit Judge.

In this Chapter 13 bankruptcy proceeding, Central States Pension Funds (Central) appeals the district court judgment, 41 B.R. 893, upholding the bankruptcy court's order that Central pay pension funds due the debtor, Harry McLean, directly to the trustee of McLean's Chapter 13 plan. Central also appeals a contempt order entered against it by the district...

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