MACHINISTS' PENSION FUND v. KAHLE ENGINEERING CORP.

No. 94-5160.

43 F.3d 852 (1994)

BOARD OF TRUSTEES OF the DISTRICT NO. 15 MACHINISTS' PENSION FUND, Appellant, v. KAHLE ENGINEERING CORPORATION, a New Jersey corporation.

United States Court of Appeals, Third Circuit.

Decided December 30, 1994.


Attorney(s) appearing for the Case

Elizabeth Roberto (argued), Eames, Wilcox, Mastej, Bryant, Swift & Riddell, Detroit, MI, for appellant.

Joseph J. Malcolm (argued), Grotta, Glassman & Hoffman, Roseland, NJ (James M. Beach), on the brief, for appellee.

David S. Allen, Jacobs, Burns, Sugarman, Orlove & Stanton, Chicago, IL, for amicus-appellant Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund.

Diana L.S. Peters, Feder & Associates, Washington, DC, for amicus-appellant Nat. Coordinating Committee for Multiemployer Plans.

Before: SLOVITER, Chief Judge, MANSMANN and ALARCON, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Chief Judge.

The Board of Trustees of the District No. 15 Machinists' Pension Fund (Fund or Pension Fund) appeals the dismissal of their action to collect an assessment of withdrawal liability filed against Kahle Engineering Corp. under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), Pub.L. No. 96-364, 94 Stat. 1208 (1980) (codified as amended at 29 U.S.C. §§ 1001a, 1381-1453 (1988 & Supp. V 1993...

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