CROWN CORK & SEAL CO. v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND

No. 92-1345.

982 F.2d 857 (1992)

CROWN CORK & SEAL COMPANY, INC. v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a Federal multiemployer employee pension benefit plan; Loran W. Robbins; Marion M. Winstead; Robert C. Sansone; Robert J. Baker; Howard McDougall; Arthur H. Bunte; R. Jerry Cook and R.V. Pulliam, its present trustees in their fiduciary capacity(ies) (D.C. Civil No. 84-05737). Central States, Southeast and Southwest Areas Pension Fund, a pension trust; Marion M. Winstead; Robert C. Sansone; Robert J. Baker; Howard McDougall; Arthur H. Bunte, Jr.; R. Jerry Cook; R.V. Pulliam, Sr.; Harold D. Leu, its present trustees v. CROWN CORK & SEAL COMPANY, INC. (D.C. Civil No. 91-04423), Central States, Southeast and Southwest Areas Pension Fund, a pension trust, and its trustees, including Marion M. Winstead, Robert C. Sansone, Robert J. Baker, Howard McDougall, Arthur H. Bunte, Jr., R. Jerry Cook, R.V. Pulliam, Sr. and Harold D. Leu, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 23, 1992.

Sur Petition for Rehearing January 19, 1993.


Attorney(s) appearing for the Case

Steven B. Feirson, (argued), Alan D. Berkowitz, Laura Aldir-Hernandez, Dechert, Price & Rhoads, Philadelphia, PA, for appellee.

Thomas C. Nyhan, Terrence G. Craig (argued), Neal S. Deodhar, Central States Law Dept., Rosemont, IL, for appellants.

Before: MANSMANN, HUTCHINSON and GARTH, Circuit Judges.


MANSMANN, Circuit Judge.

Crown Cork & Seal Company, Inc., sought to obviate, under the Deficit Reduction Act of 1984 ("DEFRA"), its withdrawal liability to its multiemployer pension plan when it ceased production at its St. Louis Plant in 1980. In order to seek the benefits of DEFRA, the company must show that (1) it had a binding agreement to withdraw from a multiemployer plan as of September 26, 1980 and (2) that it effectuated a complete withdrawal from the...

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