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  5. 847 F.2d 113 (1988)
 

C. COLTERYAHN DAIRY, INC. v. WESTERN PA. TEAMSTERS & EMP. PENSION F.

Nos. 87-3262, 87-3295.

847 F.2d 113 (1988)

CARL COLTERYAHN DAIRY, INC., Appellant/Cross Appellee, v. WESTERN PENNSYLVANIA TEAMSTERS AND EMPLOYERS PENSION FUND, American Benefit Corporation, Melvin M. Brooks, C.P.A., Frank Stokes, individually and as agent of American Benefit Corporation, Leon B. Wilneff, individually and as agent of American Benefit Corporation, Thomas L. Fagan, W.F. Hardy, James H. Hutchinson, Jr., Samuel A. Montani, Charles E. Salvatore, Joseph E. Zaucha, Richard R. Peluso, Raymond H. Baker, individually and as Trustees of the Western Pennsylvania Teamsters Employers Pension Fund, Appellees. Appeal of The WESTERN PENNSYLVANIA TEAMSTERS AND EMPLOYERS PENSION FUND and its individually named Trustees, Thomas L. Fagan, W.F. Hardy, James H. Hutchinson, Jr., Samuel A. Montani, Charles E. Salvatore, Joseph E. Zaucha, Richard R. Peluso, and Raymond H. Baker, Appellees/Cross Appellants.

United States Court of Appeals, Third Circuit.

Decided May 31, 1988.

Opinion on Denial of Rehearing and Rehearing July 25, 1988.

Attorney(s) appearing for the Case

Richard B. Sandow (argued), Jones, Gregg, Creehan and Gerace, Pittsburgh, Pa., for appellant/cross appellee.

Henry M. Wick, Jr., Charles J. Streiff (argued), Vincent P. Szeligo, Wick, Streiff, Meyer, Metz & O'Boyle, David M. Neuhart, Dickie, McCamey and Chilcote, P.C., David L. Beck, Weis and Weis, Pittsburgh, Pa., for appellees/cross appellants.

Before SLOVITER, BECKER and COWEN, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc July 25, 1988.

OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiff Carl Colteryahn Dairy, Inc. ("Colteryahn") withdrew as a contributing employer to the Western Pennsylvania Teamsters and Employers Pension Fund ("Western Pennsylvania Fund" or "Fund"), a multiemployer pension plan, whereupon the Fund imposed a withdrawal liability assessment under the Multiemployer Pension Plan Amendments Act...

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