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TRUSTEES OF PLUMBERS AND PIPEFITTERS v. MAR-LEN

No. 93-5066.

30 F.3d 621 (1994)

TRUSTEES OF the PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND, Plaintiff-Appellee, v. MAR-LEN, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 2, 1994.

Attorney(s) appearing for the Case

Kerwin B. Stone, Moore, Landrey, Garth, Jones, Burmeister & Hulett, L.L. P., Beaumont, TX, for appellant.

Louis P. Malone, III, John R. Harney, O'Donoghue & O'Donoghue, Washington, DC, for appellee.

Before GARWOOD, JOLLY and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

When an employer withdraws from a pension fund and there remain unfunded vested benefits, the employer is promptly required, upon demand by the pension fund, to make interim payments to the fund notwithstanding that it is legally challenging the underlying liability, ("pay now, dispute later"). See Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"), as amended by the Multiemployer...

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