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I.A.M. NAT. PENSION FUND, v. CLINTON ENGINES CORP.

86-5304, 86-7015.

825 F.2d 415 (1987)

I.A.M. NATIONAL PENSION FUND, PLAN A, A BENEFITS, et al. v. CLINTON ENGINES CORPORATION, Appellant (Two Cases). I.A.M. NATIONAL PENSION FUND, BENEFIT PLAN A, et al., Appellants v. COOPER INDUSTRIES, INC.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1987.

Attorney(s) appearing for the Case

Jane Golden Belford, Washington, D.C., with whom Sheila McDonald Gill and F. Roberts Hanning, Jr. were on the brief for appellant in Nos. 86-5304 and 86-5387.

Denis F. Gordon, Washington, D.C., with whom David M. Ermer and Robert T. Osgood were on the brief for appellants in No. 86-7015 and appellee in Nos. 86-5304 and 86-5387. Laura Steinberg, Boston, Mass., also entered an appearance for appellee in Nos. 86-5304 and 86-5387.

Peter H. Gould, Washington, D.C., for amicus curiae, Pension Benefit Guar. Corp., urging a remand to the Dist. Court in No. 86-7015.

Before EDWARDS and STARR, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

These two cases involve contests over employers' financial obligations to multiemployer pension funds. The cases arise under the Multiemployer Pension Plan Act Amendments of 1980 ("the MPPAA"), 29 U.S.C. §§ 1381-1461 (1982 & Supp. III 1985). Both cases pose a single issue: whether an employer that has been assessed "withdrawal liability" within the meaning of the MPPAA...

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