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LONG ISLAND OIL PRODS. CO., INC. v. LOCAL 553 PENSION FUND

No. 1226, Docket 85-7008.

775 F.2d 24 (1985)

LONG ISLAND OIL PRODUCTS CO., INC., Plaintiff-Appellee, v. LOCAL 553 PENSION FUND and Bernard Pellegrino, Joseph Rudin, William Kenny, Robert Greenes and Thomas Hanney, as Trustees of the Local 553 Pension Fund, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 27, 1985.

Attorney(s) appearing for the Case

Eugene S. Friedman, New York City (Cohen, Weiss & Simon, New York City, of counsel), for defendants-appellants.

Alan D. Levine, Kew Gardens (Pearlman, Apat & Futterman, Kew Gardens, of counsel), for plaintiff-appellee.

Peter H. Gould, Washington, D.C. (Edward R. Mackiewicz, Baruch A. Fellner, J. Stephen Caflisch, David F. Power, Kenton Hambrick, Washington, D.C., of counsel), for amicus curiae Pension Ben. Guar. Corp.

Before KEARSE and CARDAMONE, Circuit Judges and WYATT, District Judge.

CARDAMONE, Circuit Judge:

The question on this appeal is whether Congress violates due process when it first enacts a law having retroactive application and then — after having second-thoughts — rescinds it. This case, one of the many disputes engendered by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA or Act), pits a multiemployer pension benefit fund against an employer that has withdrawn from the fund. When Congress enacted the MPPAA...

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