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BENSON v. BROWER'S MOVING & STORAGE, INC.

No. 1154, Docket 90-7001.

907 F.2d 310 (1990)

C. Victor BENSON, Robert Corbett, Arthur Eisenberg, Jeffrey S. Morgan, James O'Connor as Trustees and Fiduciaries of the Teamsters Local 814 Pension, Annuity and Welfare Funds, Plaintiffs-Appellees, v. BROWER'S MOVING & STORAGE, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 28, 1990.

Attorney(s) appearing for the Case

Robert S. Nayberg (Martin H. Scher, Carle Place, N.Y., of counsel), for defendant-appellant.

Michael Barrett (Eugene S. Friedman, Jay P. Levy-Warren, Friedman & Levy-Warren, New York City, of counsel), for plaintiffs-appellees.

Before TIMBERS, MESKILL and PIERCE, Circuit Judges.

MESKILL, Circuit Judge:

In this appeal we consider the defenses available to an employer sued by a union pension fund for delinquent pension contributions. The individual plaintiffs are trustees of the Teamsters Local 814 Pension, Annuity and Welfare Funds (the Funds), which are multiemployer employee benefit plans within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA). Defendant Brower's Moving & Storage, Inc. (Brower's) is an employer...

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