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CUYAMACA MEATS v. PENSION TRUST FUND

No. 86-6182.

827 F.2d 491 (1987)

CUYAMACA MEATS, INC., a California corporation, C & M Meat Packing Corp., a California corporation, and National Meat Packers, Inc., a California corporation, Plaintiffs-Appellees, v. SAN DIEGO AND IMPERIAL COUNTIES BUTCHERS' AND FOOD EMPLOYERS' PENSION TRUST FUND, an unincorporated association, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1987.

Attorney(s) appearing for the Case

Richard D. Prochazka, San Diego, Cal., for defendant-appellant.

Lynn K. Thompson, Los Angeles, Cal., for plaintiffs-appellees.

Before ALARCON and O'SCANNLAIN, Circuit Judges, and REED, District Judge.

EDWARD C. REED, Jr., District Judge:

INTRODUCTION

This is a case brought by employer participants in a pension fund to enforce provisions of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"). All parties seek a declaration of the date on which the employers withdrew from the pension fund. The employers argue that they withdrew on September 1, 1983; the fund argues that the employers withdrew on May...

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