TRUSTEES OF AMALGAMATED INS. FUND v. McFARLIN'S

No. 521, Docket 85-5064.

789 F.2d 98 (1986)

TRUSTEES OF the AMALGAMATED INSURANCE FUND, Plaintiff-Appellant, v. McFARLIN'S, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 10, 1986.


Attorney(s) appearing for the Case

Michael T. Harren, Rochester, N.Y. (Brian F. Curran, Thomas G. Collins, Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, N.Y., of counsel), for plaintiff-appellant.

Jay R. Indyke, New York City (Lawrence C. Gottlieb, Siegel, Sommers & Schwartz, New York City, of counsel), for defendant-appellee.

Before MANSFIELD, PIERCE and MINER, Circuit Judges.


MANSFIELD, Circuit Judge:

The Trustees of the Amalgamated Insurance Fund ("The Fund") appeal from an order of the Western District of New York, Michael A. Telesca, Judge, affirming without opinion a decision of Judge Edward D. Hayes of the bankruptcy court (reported at 46 B.R. 88 (1985)) in the Chapter 11 bankruptcy of McFarlin's Inc. The decision held that "withdrawal liability" incurred by McFarlin's under the Multiemployer...

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