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TAMPA BAY INTERN. TERMINALS v. TAMPA MARITIME

No. 95-2776. Non-Argument Calendar.

73 F.3d 339 (1996)

TAMPA BAY INTERNATIONAL TERMINALS, INC., Plaintiff-Counter-defendant-Appellee, v. TAMPA MARITIME ASSOCIATION — INTERNATIONAL LONGSHOREMEN'S ASSOCIATION PENSION PLAN AND TRUST, Defendant-Counter-claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 23, 1996.

Attorney(s) appearing for the Case

James M. Landis, Terri Gillis Tucker, Foley & Lardner, Tampa, FL, for Appellant.

Michael Dennis Malfitano, John W. Campbell, Malfitano & Campbell, Tampa, FL, for Appellee.

Before TJOFLAT, Chief Judge, HATCHETT, Circuit Judge, and JOHNSON, Senior Circuit Judge.

PER CURIAM:

Tampa Maritime Association-International Longshoremen's Association Pension Plan and Trust ("Appellant") appeals the district court's grant of summary judgment in favor of Tampa Bay International Terminals ("Appellee"). Appellant asserted in a letter to Appellee, dated May 28, 1993, that Appellee was an employer subject to withdrawal liability under Section 3(5) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C.A. §§...

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