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SUN CAPITAL PARTNERS III v. NEW ENGLAND TEAMSTERS

No. 12-2312.

724 F.3d 129 (2013)

SUN CAPITAL PARTNERS III, LP; Sun Capital Partners III QP, LP; Sun Capital Partners IV, LP, Plaintiffs, Appellees, v. NEW ENGLAND TEAMSTERS & TRUCKING INDUSTRY PENSION FUND, Defendant, Third Party Plaintiff, Appellant, Scott Brass Holding Corp.; Sun Scott Brass, LLC, Third Party Defendants.

United States Court of Appeals, First Circuit.

July 24, 2013.

Attorney(s) appearing for the Case

Renee J. Bushey and Catherine M. Campbell , with whom Melissa A. Brennan and Feinberg, Campbell & Zack, PC were on brief, for appellant.

Eric Field , Assistant Chief Counsel, with whom Judith R. Starr , General Counsel, Israel Goldowitz , Chief Counsel, Karen L. Morris , Deputy Chief Counsel, Craig T. Fessenden , Attorney, and Beth A. Bangert , Attorney, were on brief, for Pension Benefit Guaranty Corporation, amicus curiae.

Patrick F. Philbin , with whom Theodore J. Folkman , P.C., Murphy & King P.C., John F. Hartmann , P.C., Marla Tun , Jeffrey S. Quinn , Kellen S. Dwyer , John S. Moran , and Kirkland & Ellis LLP were on brief, for appellees.

Before LYNCH, Chief Judge, THOMPSON and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

This case presents important issues of first impression as to withdrawal liability for the pro rata share of unfunded vested benefits to a multiemployer pension fund of a bankrupt company, here, Scott Brass, Inc. (SBI). See Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., as amended by the Multiemployer Pension Plan Amendment Act of 1980 (MPPAA), 29 U.S.C. § 1381 et seq. This litigation...

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