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KOREA SHIPPING CORP. v. NEW YORK SHIPPING ASS'N

Nos. 339, 497, Dockets 88-7636, 88-7774.

880 F.2d 1531 (1989)

KOREA SHIPPING CORPORATION, Plaintiff-Appellant, v. NEW YORK SHIPPING ASSOCIATION — INTERNATIONAL LONGSHOREMEN'S ASSOCIATION PENSION TRUST FUND and the Board of Trustees of the NYSA-ILA Pension Trust Fund, Defendants-Appellees. DELTA STEAMSHIP LINES, INC., Plaintiff-Appellant, v. NEW YORK SHIPPING ASSOCIATION-INTERNATIONAL LONGSHOREMEN'S ASSOCIATION PENSION TRUST FUND, the Board of Trustees of the New York Shipping Association International Longshoremen's Association Pension Trust Fund, Defendants-Counterclaim Plaintiffs-Appellees, Delta Steamship Lines, Inc., Crowley Maritime International (Inc) and Crowley Maritime Corporation, Counterclaim Co-Defendants Appellants.

United States Court of Appeals, Second Circuit.

Decided July 24, 1989.

Attorney(s) appearing for the Case

John D. Kimball, New York City (Healy & Baillie, LeRoy Lambert, of counsel), for plaintiff-appellant Korea Shipping Corp.

Donato Caruso, New York City (C. Peter Lambos, Lambos & Giardino, New York City, of counsel), for defendants-counterclaimplaintiffs-appellees.

Ernest L. Mathews, Jr., New York City (Thomas W. Gleason, New York City, of counsel), for defendants-counterclaim plaintiffs-appellees.

Stephen E. Tallent, Washington, D.C. (Paul D. Inman, Gibson, Dunn & Crutcher, Washington, D.C., of counsel), for plaintiff-appellant Delta Steamship Lines, Inc.

Before OAKES, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

We consider two separate appeals presenting identical legal issues: Whether appellants shipping companies are "employers" under the Multiemployer Pension Plan Amendments Act (MPPAA or the Act), 29 U.S.C. § 1381 et seq. (1982), and whether they are therefore subject to "withdrawal liability" under that Act upon ceasing their operations in the Port of New York. The carriers' chief contention is that Congress' use of the term "employer...

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