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SHERWIN-WILLIAMS CO. v. N.Y. STATE TEAMSTERS CONFERENCE

No. 97-3480.

158 F.3d 387 (1998)

The SHERWIN-WILLIAMS COMPANY, Plaintiff-Appellant, v. NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Ronald L. Kahn (briefed), Gregory A. Gordillo (briefed), Harold H. Reeder (argued and briefed), Ulmer & Berne, Cleveland, OH, for Plaintiff-Appellant.

Vincent M. DeBella (argued and briefed), Gerald J. Green (briefed), Peter P. Paravati, Jr. (briefed), Paravati, Karl, Green & DeBella, Utica, NY, for Defendant-Appellee.

Before: KENNEDY and BATCHELDER, Circuit Judges; HULL, District Judge.

OPINION

BATCHELDER, Circuit Judge.

In this case, we must decide whether the district court was correct in affirming the arbitrator's decision that Plaintiff-Appellant Sherwin-Williams's sale of a wholly-owned subsidiary subjected it to withdrawal liability under section 4212(c) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA...

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