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TEAMSTERS PENSION TRUST FUND v. H.F. JOHNSON

No. 86-4394.

830 F.2d 1009 (1987)

BOARD OF TRUSTEES OF the WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Plaintiff-Appellant, v. H.F. JOHNSON, INC.; Midland Terminal Inc.; Lockwood Leasing Company; Rocky Mountain Feed Ingredients Services Inc.; First Trust Company of Montana, in its Capacity as Personal Representative of the Estate of Robert L. Mitchell for the Benefit of Sara Jayne Mitchell and Trevor Robert Newton Mitchell, and Richard L. Mitchell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1987.

Attorney(s) appearing for the Case

Bruce D. Corker and Christopher J. Biencourt, Perkins Coie, Seattle, Wash., for plaintiff-appellant Bd. of Trustees.

Scott A. Smith, Seattle, Wash., for defendant-appellee First Trust Co. of Montana.

Jon E. Doak, Billings, Mont., for defendant-appellee Richard Mitchell.

Jeanne K. Beck, Washington D.C., for amicus curiae Pension Benefit Guar. Corp.

Before CANBY, REINHARDT and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

The Board of Trustees of the Western Conference of Teamsters Pension Trust Fund (The Fund) appeals the district court's decision 1) that joint venturers may not be held personally liable for their business's withdrawal obligations under the Multiemployer Pension Plan Amendments to the Employee Retirement Income Security Act (ERISA), and 2) that the Montana non-claim statute governing actions against decedents' estates bars the Fund's action...

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