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FLOWERS INDUSTRIES v. BAKERY & CONF. UNION

Civ. A. No. C 82-1365 A.

565 F.Supp. 286 (1983)

FLOWERS INDUSTRIES, INC., a Delaware corporation and its wholly owned subsidiaries Atlanta Baking Company, Inc., Flowers Baking Company of South Carolina, Inc., and Schott's Bakery, Inc., Plaintiffs, v. BAKERY AND CONFECTIONERY UNION AND INDUSTRY INTERNATIONAL PENSION FUND, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

March 18, 1983.

Attorney(s) appearing for the Case

W. Rhett Tanner, James H. Landon, Michael J. Templeton, Hansell & Post, Atlanta, Ga., for plaintiffs.

Kenneth F. Hickey, Margery S. Friedman, Morgan, Lewis & Bockius, Washington, D.C., Robert D. Feagin, Gambrell & Russell, Atlanta, Ga., for defendant.

ORDER

VINING, District Judge.

This is an action brought pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, in which the plaintiff seeks declaratory and injunctive relief, challenging the constitutionality of the withdrawal liability provisions of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. § 1381 et seq. (Supp. 1982) under the Fifth and Seventh Amendments to the United States Constitution...

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