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TRUSTEES OF AMALGAMATED INS. FUND v. SHELDON HALL CLOTHING, INC.

No. 88-1184.

862 F.2d 1020 (1989)

TRUSTEES OF the AMALGAMATED INSURANCE FUND v. SHELDON HALL CLOTHING, INC. and Sheldon Mehrman, t/a Meyer D. Mehrman & Son and Sheldon Mehrman, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 8, 1988.

Rehearing and Rehearing Denied January 5, 1989.

Attorney(s) appearing for the Case

Henry S. Perkin (argued), Perkin, Rapoport, Schattenstein & Feldman, Allentown, Pa., for appellants.

Alan F. Markovitz (argued), Markovitz & Meo, Philadelphia, Pa., for appellee.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 5, 1989.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal arises under the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), Pub.L. No. 96-364, 94 Stat. 1208 (codified in scattered sections of 5, 26 & 29 U.S.C.). The principal question raised is whether, under 29 U.S.C. § 1401(b)(2), a pension plan qualified under MPPAA that wins...

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