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JOYCE v. CLYDE SANDOZ MASONRY

No. 88-7063.

871 F.2d 1119 (1989)

John T. JOYCE, Trustee of the Bricklayers and Trowel Trades International Pension Fund, et al., Appellants, v. CLYDE SANDOZ MASONRY, d/b/a Griffith Masonry.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1989.

Attorney(s) appearing for the Case

Ira Mitzner, with whom George Kaufmann, Washington, D.C., was on the brief, for appellants.

Guy David Knoller, for appellee.

Gary M. Ford, Washington, D.C., Carol Connor Flowe and Peter H. Gould, Washington, D.C., were on the brief for amicus curiae, urging reversal.

Before STARR, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This appeal requires us to determine whether a statutory time limitation bars a pension fund's suit to compel payments from an employer. The pension fund seeks relief under the Multiemployer Pension Plan Amendments Act ("MPPAA" or "Act"), which amended the Employee Retirement Income Security Act (ERISA)1 to establish that participating employers who cease...

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