MICH. UNITED FOOD & COM. WKRS. v. EBERHARD FOODS

No. 86-1232.

831 F.2d 1258 (1987)

BOARD OF TRUSTEES, MICHIGAN UNITED FOOD AND COMMERCIAL WORKERS UNIONS and Food Employers Joint Pension Fund, Plaintiffs-Appellees, v. EBERHARD FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1987.


Attorney(s) appearing for the Case

Bradley Glazier, Clary, Nantz, Wood, Hoffius, Rankin and Cooper, Stephen J. Mulder (argued), Grand Rapids, Mich., for defendant-appellant.

Tammy S. Bawnik, Office of the Gen. Counsel, Pension Benefit Guar. Corp., Washington, D.C., for amicus curiae.

Theodore Sachs (argued), Detroit, Mich., for plaintiffs-appellees.

Before MERRITT, WELLFORD and NELSON, Circuit Judges.


MERRITT, Circuit Judge.

In this ERISA case the defendant employer withdrew from a multiemployer pension plan and now appeals from the District Court's affirmance of the arbitrator's decision upholding the plaintiff trustees' calculation of withdrawal liability. The only issue raised on appeal is whether the District Court erred in upholding the arbitrator's decision that the interest rate applied by the plan trustees in determining the employer's withdrawal liability...

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