WISE v. RUFFIN

Nos. 89-1794, 89-1798 and 89-1820.

914 F.2d 570 (1990)

Gary G. WISE, Perry C. Harvey, Jr., John Bradshaw, Jr., Benjamin Flowers, Alton Jernigan, Don Klages, John Mackey, John Roberts, Willie Sloan, Charles Spencer, John Wightman, in Their Capacities as Trustees for the South Atlantic ILA/Employers District Escrow Fund and in Their Capacities as Trustees for the South Atlantic ILA/Employers GAI Fund, Plaintiffs-Appellees, v. Peter B. RUFFIN, Jack Tilley, John E. Dyer, Willie Sloan, William Piner, Nelson Adams, Clemmon L. Jacobs, Robert Hutchens, R. Blaine Brickhouse, in Their Capacities as Trustees for the Employers International Longshoremen's Association AFL/CIO Pension Fund for the North Carolina Ports Area, Defendants-Appellants. ALMONT SHIPPING COMPANY, INC., a North Carolina Corporation, Stevedores, Inc., a North Carolina Corporation, Plaintiffs-Appellees, v. Peter Browne RUFFIN, Ward King, John E. Dyer, Willie Sloan, William Piner, Henry Arron Rose, in Their Capacities as Trustees for the Employers-ILA Pension, Welfare & Vacation Fund for the North Carolina Ports Area, Defendants-Appellants. ALMONT SHIPPING COMPANY, INC., a North Carolina Corporation, Stevedores, Inc., a North Carolina Corporation, Plaintiffs-Appellants, v. Peter Browne RUFFIN, Ward King, John E. Dyer, Willie Sloan, William Piner, Henry Arron Rose, in Their Capacities as Trustees for the Employers-ILA Pension, Welfare & Vacation Fund for the North Carolina Ports Area, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1990.

As Amended October 12, 1990.


Attorney(s) appearing for the Case

Wallace Carmichael Murchison, Michael Murchison, Murchison, Taylor, Kendrick, Gibson & Davenport, Wilmington, N.C., for appellants.

Kevin John Marrinan, Thomas W. Gleason, New York City, George Rountree, III, George Edward Story, Rountree & Seagle, Wilmington, N.C. (Ernest L. Mathews, Jr., Thomas W. Gleason, New York City, on brief), for appellees.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.


MURNAGHAN, Circuit Judge:

The primary issue presented for our review in this consolidated appeal concerns the attempted assertion by a multiemployer pension plan against an individual employer withdrawing from the plan of withdrawal liability as computed under the "modified presumptive method," pursuant to the Multiemployer Pension Plan Amendments Act, 29 U.S.C. § 1381 et seq. Specifically, we must determine whether the fact that a plan has no "unfunded...

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