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AFM-EPF v. NESHOMA ORCHESTRA AND SINGERS, INC.

No. 19-1093-cv August Term, 2019.

974 F.3d 117 (2020)

AMERICAN FEDERATION OF MUSICIANS AND EMPLOYERS' PENSION FUND, Board of Trustees of the American Federation of Musicians and Employers' Pension Fund, Plaintiffs-Appellees, v. NESHOMA ORCHESTRA AND SINGERS, INC., Defendant-Third-Party Plaintiff-Appellant, v. Associated Musicians of Greater New York Local 802, AFM, AFL-CIO, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 3, 2020.

Attorney(s) appearing for the Case

Patricia McConnell (Levy Ratner, P.C.), New York, NY, for Plaintiffs-Appellees.

Raab, Sturm & Ganchrow, LLP ( Ira A. Sturm , on the brief), Fort Lee, NJ, for Defendant-Third-Party Plaintiff-Appellant.

Law Office of Harvey S. Mars, LLC ( Harvey Steven Mars , on the brief), New York, NY, for Third-Party Defendant-Appellee.

Before: Winter, Walker, and Carney, Circuit Judges.

This appeal presents the questions of (1) whether arbitration was properly initiated by defendant-appellant Neshoma Orchestra and Singers, Inc. (Neshoma) in response to this suit to recover $1.1 million in withdrawal liability by the American Federation of Musicians and Employers' Pension Fund (Fund) and (2) whether Neshoma's third-party claim...

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