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A. SOLOFF & SON, INC. v. ASHER

No. 82 Civ. 1981 (MEL).

594 F.Supp. 724 (1984)

A. SOLOFF & SON, INC., Plaintiff, v. Jerry ASHER, et al., Defendants.

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

October 9, 1984.

Attorney(s) appearing for the Case

Hill & Barlow, Boston, Mass., and Kieffer & Hahn, New York City, for plaintiff; John M. Kahn, Robert G. Dreher, Jeanne M. Kempthorne, Boston, Mass., and Michael C. Devine, New York City, of counsel.

Mark Schwartz, New York City, for defendants.

LASKER, District Judge.

The Trustees of the Amalgamated Cotton Garment and Allied Industries Fund ("the Fund") earlier moved for summary judgment on their counterclaim that because A. Soloff & Son, Inc. ("Soloff") had failed timely to request arbitration under the provisions of 29 U.S.C. § 1401(a)(1), it was subject to withdrawal liability under the Multiemployer Pension Plan Amendments Act ("the Act"), 29 U.S.C. § 1381 et seq. In an earlier opinion...

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