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CARRIERS CONTAINER COUNCIL v. MOBILE S.S. ASSOC.

No. 90-7825.

948 F.2d 1219 (1991)

CARRIERS CONTAINER COUNCIL, INC., Plaintiff-Counterclaim-Defendant-Appellant, Cross-Appellee, v. MOBILE STEAMSHIP ASSOC., INC., INTERNATIONAL LONGSHOREMAN'S ASSOC., AFL-CIO PENSION PLAN AND TRUST and its trustees F.D. Alspaugh, Arthur W. Stratton, Hartwell Ludlow, Ned Mattingly, Felix Cleveland, Henry L. Clarke, Albert Walton, Jr., Seymour Irby, Defendants-Counterclaim-Plaintiffs-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 19, 1991.

Attorney(s) appearing for the Case

Lyons, Pipes & Cook, PC, Westley Pipes, Mobile, Ala., Lambos & Giardino, Peter C. Lambos, Nicholas Maglaras, New York City, for Carriers Container Council, Inc.

Armbrecht, Jackson, Demouy, Crowe, Holmes & Reeves, William B. Harvey, Edward A. Dean, Figures, Jackson & Harris, Michael A. Figures, Mobile, Ala., for Mobile S.S. Ass'n, et al.

Before ANDERSON, Circuit Judge, CLARK, Senior Circuit Judge, and BROWN, Senior District Judge.

ANDERSON, Circuit Judge:

This case involves a dispute over the interest on delinquent withdrawal liability payments owed by an employer, Carriers Container Council, Inc. ("CCC"), to a pension plan, Mobile Steamship Association, Inc., et al. ("the Plan"), upon the employer's withdrawal from the plan. The district court held, inter alia, that under 29 U.S.C. § 1132(g)(2), CCC must pay simple interest on the sum of its overdue payments, calculated...

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