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GIROUX BROS. TRANSP. v. NEW ENGLAND TEAMSTERS

No. 95-1032.

73 F.3d 1 (1996)

GIROUX BROS. TRANSPORTATION, INC., Plaintiff, Appellant, v. NEW ENGLAND TEAMSTERS & TRUCKING INDUSTRY PENSION FUND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 4, 1996.

Attorney(s) appearing for the Case

John D. O'Reilly, III, with whom O'Reilly & Grosso was on brief, Southboro, MA, for appellant.

Christopher N. Souris with whom Feinberg, Charnas & Birmingham was on brief, Boston, MA, for appellee.

Before BOUDIN, Circuit Judge, ALDRICH and COFFIN, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Giroux Bros. Transportation, Inc. (Giroux) appeals from the grant of summary judgment in favor of New England Teamsters & Trucking Industry Pension Fund (the Fund), the plan sponsor of a multi-employer employee benefit plan in which Giroux participated. Giroux sought a declaration of non-liability for the Fund's assessment of withdrawal liability under the Employee Retirement Income Security Act (ERISA), as amended by the...

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