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CROWN CORK & SEAL CO. v. CENTRAL STATES PENSION FUND

No. 89-1086.

881 F.2d 11 (1989)

CROWN CORK & SEAL COMPANY, INC. v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a federal multiemployer employee pension benefit plan, Robbins, Loran W., Winstead, Marion M., Sansone, Robert C., Baker, Robert J., McDougall, Howard J., Bunte, Arthur H., Cook, R. Jerry, and Pulliam, R.V., its present trustees in their fiduciary capacity(ies). Appeal of CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and its trustees, Loran W. Robbins, Marion M. Winstead, Robert C. Sansone, Robert J. Baker, Howard J. McDougall, Arthur H. Bunte, R. Jerry Cook and R.V. Pulliam.

United States Court of Appeals, Third Circuit.

Decided July 14, 1989.

Attorney(s) appearing for the Case

Kent Cprek, Sanford G. Rosenthal, Sagot & Jennings, Philadelphia, Pa., Thomas C. Nyhan, Terence G. Craig (argued), Lance D. Taylor, Central States Law Dept., Chicago, Ill., for appellants.

Steven B. Feirson (argued), Alan D. Berkowitz, Nancy J. Bregstein, Lisa K. Osofsky, Dechert Price & Rhoads, Philadelphia, Pa., for appellee Crown Cork & Seal Co., Inc.

Carol Connor Flowe, Acting Gen. Counsel, Peter H. Gould, Asst. Gen. Counsel, Israel Goldowitz (argued), Sr. Counsel, John Foster, Atty., Office of the Gen. Counsel, Pension Benefit Guaranty Corp., Washington, D.C., for amicus curiae, Pension Benefit Guaranty Corp.

Before HIGGINBOTHAM, GREENBERG and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This appeal requires the court again to address the scope of the arbitration requirement of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. §§ 1381 et seq. Central States, Southeast and Southwest Areas Pension Fund and its Trustees (collectively "Fund") appeal from an order of the district court of December 30, 1988, entered on cross-motions for summary judgment. The...

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