DORN'S TRANSP. v. TEAMSTERS PENSION TRUST FUND

No. 85-5006.

787 F.2d 897 (1986)

DORN'S TRANSPORTATION, INC., and Oneida Motor Freight, Inc., Appellees, v. TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 7, 1986.


Attorney(s) appearing for the Case

Lester M. Bridgeman, Louis E. Emery (argued), Bridgeman & Urbanczyk, Washington, D.C., for appellees.

Paul A. Friedman (argued), Cohn & Lifland, Saddle Brook, N.J., for appellant.

Before HUNTER and BECKER, Circuit Judges, and HUYETT, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents the question of whether, under the Multiemployer Pension Plan Amendments Act ("MPPAA"), 29 U.S.C. § 1381 et seq., an employer-member of an ERISA pension plan may be assessed withdrawal liability when it sells all of its stock to another employer that assumes the operations of the corporate seller and employs most of its employees, and, by virtue of its independent collective bargaining...

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