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PITTSBURGH MACK SALES & SERV. v. LOCAL UNION NO. 66

No. 07-3938.

580 F.3d 185 (2009)

PITTSBURGH MACK SALES & SERVICE, INC., doing business as Pittsburgh Truck Center, Appellant v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 66.

United States Court of Appeals, Third Circuit.

Filed September 4, 2009.

Attorney(s) appearing for the Case

James P. Thomas (Argued), Richard I. Thomas, Pepper Hamilton LLP, Pittsburgh, PA, for Appellant.

Joshua M. Bloom (Argued), Joshua M. Bloom and Associates, P.C., Pittsburgh, PA, for Appellee.

Before: FISHER, CHAGARES, and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

CHAGARES, Circuit Judge.

This case requires us to determine whether an agreement by a union to purportedly indemnify or hold harmless an employer for the employer's withdrawal liability to a pension plan under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"), and the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1381-1461 ("MPPAA"), is unenforceable because it...

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