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BRENTWOOD FINANCIAL CORP. v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND

No. 89-35221.

902 F.2d 1456 (1990)

BRENTWOOD FINANCIAL CORPORATION (formerly Auto Warehousing Co.), Plaintiff-Appellant, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendant-third-party-plaintiff-Appellee, v. TRANSCO CORPORATION, Third-party-defendant.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1990.

Attorney(s) appearing for the Case

James F. McAteer, Schwabe, Williamson & Wyatt, Seattle, Wash., for plaintiff-appellant.

James D. Oswald and Russell J. Reid, Davies, Roberts & Reid, Seattle, Wash., for defendant-third-party-plaintiff-appellee.

Nancy S. Heermans, Pension Benefit Guar. Corp., Washington, D.C., for amicus curiae.

Before WRIGHT, REINHARDT and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked to decide whether an employer withdrawing from a multi-employer pension plan was subject to "withdrawal liability" after it sold its assets and transferred its obligations to the purchasing entity.

I

The Multi-Employer Pension Plan Amendments Act, 29 U.S.C. §§ 1381-1461 (the "Act"), was passed in 1980 to resolve a number of the funding problems associated with multi-employer pension plans. One of...

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