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  5. 848 F.2d 20 (1988)
 

N.Y. TEAMSTERS PEN. & RET. FUND v. McNICHOLAS TRAN. CO.

No. 870, Docket 87-9018.

848 F.2d 20 (1988)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION & RETIREMENT FUND, by its trustees, T. Edward Nolan, Curtis Gundersen, Richard Muller, Rocco F. DePerno, Paul E. Bush, and Jack Canzoneri, in their representative capacities, Plaintiff-Appellee, v. McNICHOLAS TRANSPORTATION COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 24, 1988.

Attorney(s) appearing for the Case

Wade B. Cowan, Nashville, Tenn. (Cowan & Cowan, Nashville, Tenn., on the brief), for defendant-appellant.

Peter P. Paravati, Jr., Utica, N.Y., for plaintiff-appellee.

Gary M. Ford, General Counsel, Washington, D.C. (Peter H. Gould, Asst. General Counsel, James J. Armbruster, Washington, D.C., of counsel), filed a brief for Pension Benefit Guar. Corp. as amicus curiae on behalf of plaintiff-appellee.

Before TIMBERS and KEARSE, Circuit Judges, and WEXLER, District Judge.

KEARSE, Circuit Judge:

Defendant McNicholas Transportation Co. ("McNicholas" or the "Company") appeals from a final judgment of the United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, ordering the Company to pay accelerated withdrawal liability to plaintiff New York State Teamsters Conference Pension and Retirement Fund (the "Fund") pursuant to the Multiemployer Pension Plan Amendments Act ("MPPAA" or the "Act...

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