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SUN CAPITAL PARTNERS III v. NEW ENGLAND TEAMSTERS

Nos. 16-1376 19-1002.

943 F.3d 49 (2019)

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

United States Court of Appeals, First Circuit.

November 22, 2019.

Attorney(s) appearing for the Case

John C. O'Quinn , with whom John F. Hartmann , Devin A. DeBacker , Kirkland & Ellis LLP, Theodore J. Folkman , and Pierce Bainbridge Beck Price & Hecht LLP, were on brief for appellants.

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

Craig T. Fessenden , with whom Judith R. Starr , Kartar S. Khalsa , Charles L. Finke , and Louisa A. Soulard were on brief for Pension Benefit Guaranty Corporation, amicus curiae.

Before Lynch, Stahl, and Lipez, Circuit Judges.

The issue on appeal is whether two private equity funds, Sun Capital Partners III, LP ("Sun Fund III") and Sun Capital Partners IV, LP ("Sun Fund IV"), are liable for $4,516,539 in pension fund withdrawal liability owed by a brass manufacturing company which was owned by the two Sun...

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