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McDONALD v. CENTRA, INC.

Nos. 90-2483, 90-2514.

946 F.2d 1059 (1991)

Clifton McDONALD, Hermann V. Myers, Sr., William G. McIntyre, Daniel L. Sandy, in their capacities as Trustees of and on behalf of Freight Drivers and Helpers Local Union No. 557 Pension Fund, Plaintiffs-Appellees, v. CENTRA, INCORPORATED, a Delaware corporation, General Highway Express, an Ohio corporation, Central Transport, Inc., a Michigan corporation, GLS Leasco, Inc., a Michigan corporation, the Mason & Dixon Tank Lines, a Tennessee corporation, Central Cartage Company, a Michigan corporation, Defendants-Appellants. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1991.

As Amended November 21, 1991.

Attorney(s) appearing for the Case

Patrick A. Moran, Simson Moran, Birmingham, Ala., argued (Terri L. North, Simson Moran, Birmingham, Ala., Frances Kanterman, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for defendants-appellants.

Christine Ann Williams, Abato, Rubenstein, Abato & Smith, P.A., Lutherville, Md., argued, for plaintiffs-appellees.

Jeffrey B. Cohen, Senior Counsel, Pension Ben. Guar. Corp., Washington, D.C., argued (Carol Connor Flowe, Gen. Counsel, Jeanne K. Beck, Deputy Gen. Counsel, Robert S. Marsel, Pension Ben. Guar. Corp., on brief), for amicus curiae.

Before ERVIN, Chief Judge, and PHILLIPS and HAMILTON, Circuit Judges.

OPINION

ERVIN, Chief Judge:

Clifton McDonald, Hermann V. Myers, Sr., William G. McIntyre, and Daniel L. Sandy, the trustees of a qualified multiemployer pension plan, brought this action to collect from the solvent members of a group of corporations allegedly under common control with Mason & Dixon Tank Lines ("Mason & Dixon"), the withdrawing employer. The group of defendant corporations ("the corporate group")1 appeals...

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