BAY AREA LAUNDRY v. FERBAR CORP. CALIFORNIA

No. 94-15976.

73 F.3d 971 (1996)

BAY AREA LAUNDRY & DRY CLEANING PENSION TRUST FUND, Plaintiff-Appellant, v. FERBAR CORPORATION OF CALIFORNIA, INC., a California Corporation; Ferreira Farms, Inc., a California corporation; Stephen J. Barnes, and Robert J. Ferreira, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 17, 1996.


Attorney(s) appearing for the Case

Geoffrey V. White, Law Office of Geoffrey V. White, San Francisco, California, for plaintiff-appellant.

William F. Terheyden, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Francisco, California, for defendants-appellees.

Before: NORRIS, BEEZER, and TROTT, Circuit Judges.


PER CURIAM:

This case arises from an action filed on February 9, 1993, by the Bay Area Laundry and Dry Cleaning Pension Trust Fund against Ferbar Corp. and Stephen J. Barnes ("Ferbar") to collect withdrawal liability under 29 U.S.C. §§ 1381-1461, the Multi-Employer Pension Plan Amendments Act of the Employee Retirement Income Security Act. The district court granted summary judgment for Ferbar on the ground that the Fund's suit for withdrawal liability was...

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