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MANCHESTER KNITTED FASHIONS v. AMALGAMATED

No. 91-1764.

967 F.2d 688 (1992)

MANCHESTER KNITTED FASHIONS, INC., Plaintiff, Appellee, v. AMALGAMATED COTTON GARMENT AND ALLIED INDUSTRIES FUND, and its Trustees: Olga Diaz, Henry Dropkin, Garry Ferraris, John Fox, Arthur R. Loevy, Daniel Myers, Frank Nicholas, Antillio Sant'Antonio, Jack Sheinkman, Joan Suarez, Benedict Berkowitz, Howard Corbin, Mark Fishman, Eric Margolin, Charles Miller, Bruce Moore, Houston Payne, Benjamin Rothfeld, George Silva, and Roger Webb, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 16, 1992.

Attorney(s) appearing for the Case

Robert M. Schanzer, with whom Solomon & Rosenbaum, Drechsler & Leff and Judith A. Stoll, New York City, were on brief, for defendants, appellants.

Steven E. Grill, Manchester, N.H., with whom Devine, Millimet & Branch, P.A., Manchester, N.H., was on brief, for plaintiff, appellee.

Before TORRUELLA, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.

TORRUELLA, Circuit Judge.

This is an appeal by Amalgamated Cotton Garment and Allied Industries Fund and its Trustees, collectively, "the Fund" from an order granting appellee, Manchester Knitted Fashions Inc.'s ("MKF") partial summary judgment, declaring certain insurance withdrawal liability rules unenforceable and forbidding their implementation. Also before this Court are several procedural and jurisdictional issues; whether the court has jurisdiction to consider...

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