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CENT. STATES SE & SW AREAS PEN. F. v. T.I.M.E.-DC

No. 86-1628.

826 F.2d 320 (1987)

CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Plaintiff-Appellant. v. T.I.M.E.-DC, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 1987.

Attorney(s) appearing for the Case

Robert D. Manfred, Charles O'Connor, Washington, D.C., for plaintiff-appellant.

Peter H. Gould, J. Stephen Caflish, Sp. Counsel, Pension Benefit Guar. Corp., David F. Power, Washington, D.C., Mullinax, Wells, Baab & Cloutman, Roger Albright, Dallas, Tex., for amicus Pension Benefit Guar. Corp.

Carl L. Taylor, Jeffrey S. Davidson, Michael E. Baumann, Kirkland & Ellis, Washington, D.C., for T.I.M.E.-DC, Inc.

Before RANDALL, GARWOOD and DAVIS, Circuit Judges.

RANDALL, Circuit Judge:

The Central States, Southeast and Southwest Areas Pension Fund ("CSF") appeals the district court's issuance of a preliminary injunction against CSF's assessment of withdrawal liability against T.I.M.E.-DC, Inc. ("TIME-DC"), 639 F.Supp. 1468. Finding that TIME-DC did not make a showing of irreparable injury sufficient to excuse its failure to exhaust administrative remedies, we reverse.

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