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RESILIENT FLOOR COVERING v. MICHAEL'S FLOOR

No. 12-17675.

801 F.3d 1079 (2015)

RESILIENT FLOOR COVERING PENSION TRUST FUND BOARD OF TRUSTEES; Resilient Floor Covering Pension Trust Fund, Plaintiffs-Appellants, v. MICHAEL'S FLOOR COVERING, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2015.

Attorney(s) appearing for the Case

Donna L. Kirchner (argued), Katherine McDonough , George M. Kraw , Kraw and Kraw Law Group, Mountain View, CA, for Plaintiffs-Appellants.

Robert B. Miller (argued), Kilmer, Voorhees & Laurick, PC, Portland, OR, for Defendant-Appellees.

Before: RICHARD A. PAEZ and MARSHA S. BERZON, Circuit Judges and DAVID A. EZRA, District Judge.

OPINION

We decide in this case two related issues: (1) whether a successor employer, both generally and in the construction industry in particular, can be subject to withdrawal liability under the Multiemployer Pension Plan Amendments Act ("MPPAA"), 29 U.S.C. § 1381-1453, amendments to the Employee Retirement...

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