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NIAGARA OF WISCONSIN PAPER CORP. v. PAPER INDUSTRY

No. 85-5231.

800 F.2d 742 (1986)

NIAGARA OF WISCONSIN PAPER CORPORATION, Appellant, v. The PAPER INDUSTRY UNION-MANAGEMENT PENSION FUND; Wayne E. Glenn, Joe J. Bradshaw, James Dassaro, John E. Price, Irving Rolnick, Robert Sherry, Arnold Nemiro and M.L. Talmadge, Trustees of The Paper Industry Union Management Pension Fund, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 3, 1986.

Rehearing Denied November 4, 1986.

Attorney(s) appearing for the Case

Stuart T. Williams, Minneapolis, Minn., for appellant.

Michael J. Dell, New York City, for appellees.

Before LAY, Chief Judge, and ROSS and WOLLMAN, Circuit Judges.

ROSS, Circuit Judge.

Niagara of Wisconsin Paper Corporation (Niagara) brought this action under the Labor-Management Relations Act (LMRA), 29 U.S.C. §§ 141-187 (1982) for damages and injunctive relief against The Paper Industry Union-Management Pension Fund and its trustees (Fund or trustees), alleging that the Fund arbitrarily and capriciously cancelled past service credits of Niagara's employees upon Niagara's withdrawal from the Fund. The district court...

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