The FLYING TIGER LINE, a Delaware Corporation, Tiger International, Inc., a Delaware Corporation, Warren Transport, Inc., an Iowa Corporation, Plaintiffs & Counterdefendants,
v.
TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA and vicinity, a/k/a Teamsters Pension Plan of Philadelphia and Vicinity, and Charles J. Schaffer, Jr., Counterplaintiffs,
v.
CENTRAL STATES, SOUTHWEST AND SOUTHEAST AREAS PENSION FUND, a multiemployer pension plan, Teamsters Pension Trust Fund of Philadelphia and Vicinity, a multiemployer pension plan, Western Pennsylvania Teamsters and Employers Pension Fund, a multiemployer pension plan, Teamsters Local 641 Pension Fund, a multiemployer pension plan, and Central Pennsylvania Teamsters Pension Fund, a multiemployer pension plan, each sued individually and as a member of a class of similarly situated multiemployer pension plans who assert withdrawal liability, against Hall's Motor Transit Company, under the Multiemployer Pension Plan Amendments Act of 1980.
Appeal of The FLYING TIGER LINE, INC., Tiger International Inc. and Warren Transport, Inc., Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued July 13, 1987.
Decided September 30, 1987.
Attorney(s) appearing for the Case
Douglas D. Broadwater (argued), Cravath, Swaine & Moore, New York City, R. Franklin Balotti, Jesse A. Finkelstein, William W. Bowser, Richards, Layton & Finger, Wilmington, Del., for appellants.
Irving Morris, Carolyn D. Macks, Morris & Rosenthal, P.A., Wilmington, Del., Michael Evan Jaffe (argued), Rodney F. Page, James J. Armbruster, Arent, Fox, Kintner, Plotkin, Kahn, Washington, D.C., for appellee Central States, Southwest and Southeast Areas Pension Fund.
Sidney Reitman, Bennet D. Zurofsky, Newark, N.J., for appellee Trucking Employees of North Jersey Welfare Fund, Inc.
D. Gayle Loftis, Chasan, Lerner, Tarrant & D'Italia, Jersey City, N.J., for appellee Teamsters Local 641 Pension Fund.
Thomas W. Jennings, Kent Cprek, Sagot & Jennings, Philadelphia, Pa., for appellee Teamsters Pension Trust Fund of Philadelphia and Vicinity.
Vincent P. Szeligo, Wick, Rich, Fluke & Streiff, Pittsburgh, Pa., for appellee Western Pennsylvania Teamsters and Employers Pension Fund.
Joel A. Smith, H. Victoria Hedian, Abato, Rubenstein and Abato, P.A., Lutherville, Md., for appellee Freight Drivers and Helpers Local Union No. 557 Pension Fund.
Peter H. Gould, Asst. Gen. Counsel, Stuart E. Bernsen (argued), Pension Ben. Guar. Corp., Washington, D.C., for amicus curiae Pension Ben. Guar. Corp.
Before HIGGINBOTHAM, BECKER and HUNTER, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
These appeals require us to determine whether a federal district court or an arbitrator should resolve the question whether a corporate entity is an employer subject to the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA" or "the Act"), 29 U.S.C. §§ 1381-1461 (1982 & Supp. I 1983 & Supp. II 1984 & Supp. III 1985). This employer status question arises in the context...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
