No. 87-2307.

857 F.2d 1230 (1988)

UNION ASPHALTS AND ROADOILS, INC.; Patricia M. Lorenz; David M. Lorenz; David Dill, Appellants, v. MO-KAN TEAMSTERS PENSION FUND; Karl Rogers, Trustee; Richard Milone, Trustee; Robert Gillihan, Trustee; Gayle D. Starling, Trustee; James Duvall, Trustee; Richard Knipp, Trustee; Frank J. Mobley, Trustee; William W. Weeks; American Benefit Plan Administration, Inc., Appellees. MO-KAN TEAMSTERS PENSION FUND; Karl Rogers; Richard Milone; Robert Gillihan; Gayle D. Starling; Michael Rogers; James Duvall; Richard Knipp; Leo Zahner, III; and William W. Weeks, Trustees of the MO-KAN Teamsters Pension Fund, Appellees, v. UNION ASPHALTS AND ROADOILS, INC.; Patricia M. Lorenz; David M. Lorenz; David Dill, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1988.

Rehearing and Rehearing Denied November 21, 1988.

Attorney(s) appearing for the Case

Richard Miller, Kansas City, Mo., for appellants.

Albert J. Yonke, Kansas City, Mo., for appellees.

Before FAGG and WOLLMAN, Circuit Judges, and RE, Chief Judge.

Rehearing and Rehearing En Banc Denied November 21, 1988.

FAGG, Circuit Judge.

Union Asphalts and Roadoils, Inc. (UA) appeals from the district court's order granting summary judgment in favor of MO-KAN Teamsters Pension Fund (Fund), a multiemployer pension plan. The district court held UA was subject to withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA or the Act), Pub.L. No. 96-364, 94 Stat. 1208 (codified at scattered...

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