CPT HOLDINGS v. INDUSTRIAL & ALLIED EMPLOYEES UNION

No. 97-4115.

162 F.3d 405 (1998)

CPT HOLDINGS, INC., Plaintiff-Appellee, v. INDUSTRIAL & ALLIED EMPLOYEES UNION PENSION PLAN, LOCAL 73, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 8, 1998.

Rehearing and Suggestion for Rehearing Denied January 21, 1999.


Attorney(s) appearing for the Case

Douglas A. Andrews (argued and briefed), John M. Masters (briefed), Basil W. Mangano (briefed), Masters & Associates, Cleveland, Ohio, for Defendant-Appellant.

John T. Meredith (argued and briefed), James D. Gray (briefed), Squire, Sanders & Dempsey, L.L.P., Cleveland, Ohio, for Plaintiff-Appellee.

Before: MERRITT, COLE and FARRIS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied January 21, 1999.*

OPINION

FARRIS, Circuit Judge.

The pension plan of Industrial and Allied Employees Union Local No. 73 appeals the district court's reduction of an arbitrator's award. We hold that CPT Holdings, Inc. had no liability within the meaning of the Bankruptcy code prior to Hupp's actual withdrawal from the...

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