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T.I.M.E.—DC, INC. v. TRUCK. EMP. OF N.J. WEL. FUND

No. 82 CIV 3212.

560 F.Supp. 294 (1983)

T.I.M.E.—DC, INC., Plaintiff, v. TRUCKING EMPLOYEES OF NORTH JERSEY WELFARE FUND, INC., Defendant.

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

March 9, 1983.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City, Kirkland & Ellis, Washington, D.C., for plaintiff; Bettina B. Plevan, New York City, Carl L. Taylor, Donald E. Scott, Washington, D.C., of counsel.

Cohen, Weiss & Simon, New York City, Schneider, Cohen, Solomon & DiMarzio, Jersey City, N.J., for defendant; Richard Seltzer, New York City, Paul A. Friedman, Jersey City, N.J., of counsel.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This motion for a preliminary injunction presents an interesting question of statutory interpretation under the Multiemployer Pension Plan Amendments Act ("MPPAA") of 1980. Plaintiff T.I.M.E.-DC, Inc. ("TIME-DC") seeks to enjoin defendant Trucking Employees of North Jersey Welfare Fund, Inc. ("Fund") from asserting withdrawal liability in excess of $373,000 against it. TIME-DC claims that the statutory labor...

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