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SIBLEY, ETC. v. BAKERY, CONFECTION. & TOB. WORKERS

No. CIV-82-555T.

566 F.Supp. 32 (1983)

SIBLEY, LINDSAY & CURR CO., A DIVISION OF ASSOCIATED DRY GOODS CORP., Plaintiff, v. BAKERY, CONFECTIONERY AND TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, AFL-CIO, and Bakery and Confectionery Union and Industry International Pension Fund, Defendants.

United States District Court, W.D. New York.

March 15, 1983.

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey, Rochester, N.Y., for plaintiff.

Morgan, Lewis & Bockius, Washington, D.C., Albright, Yorks, Spadone & Anderson, Rochester, N.Y. (Donald Spadone, Rochester, N.Y., of counsel), for defendants.

MEMORANDUM DECISION and ORDER

TELESCA, District Judge.

A. Background

This is an action challenging the constitutional validity of certain withdrawal liability provisions of the Multiemployer Pension Plan Amendment Act of 1980 (hereinafter the "MPPAA"), 29 U.S.C. § 1381 et seq. The MPPAA is an amendment to the Employee Retirement Income Security Act of 1974 (hereinafter "ERISA"), 29 U.S.C. § 1001 et seq. Presently before...

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