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DEBRECENI v. MERCHANTS TERMINAL CORP.

No. 89-1349.

889 F.2d 1 (1989)

Helen DEBRECENI, etc., Plaintiff, Appellee, v. MERCHANTS TERMINAL CORPORATION and Terminal Refrigeration and Warehousing Corporation, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 3, 1989.

Attorney(s) appearing for the Case

Dwight C. Smith III with whom Arvid E. Roach II and Covington & Burling, Washington, D.C. were on brief, for defendants, appellants.

James T. Grady with whom Gerard F. Daley and Grady and Dwyer, Boston, Mass., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and GARRITY, Senior District Judge.

LEVIN H. CAMPBELL, Chief Judge.

The question presented by this appeal is whether an employer who is withdrawing from a multiemployer pension plan, and who is assessed by the plan a certain sum purportedly representing the employer's withdrawal liability, must pay that amount forthwith, or whether the employer may refuse to pay pending mandatory arbitration of the amount, if any, it owes.

The suit from which this appeal is taken was brought in the district...

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