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PARK SOUTH HOTEL v. NEW YORK HOTEL TRADES COUNCIL

No. 82 Civ. 7554 (JES).

671 F.Supp. 1000 (1987)

PARK SOUTH HOTEL CORP., Plaintiff, v. NEW YORK HOTEL TRADES COUNCIL AND HOTEL ASSOCIATION OF NEW YORK CITY, INC. PENSION FUND, Defendant. Vito J. PITTA and Albert A. Formicola as Trustees of New York Hotel Trades Council and Hotel Association of New York City, Inc. Pension Fund, Additional Counter-claim Plaintiffs, v. PARK SOUTH ASSOCIATES, Formerly a New York Limited Partnership, Additional Counter-claim Defendant.

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

October 23, 1987.

Attorney(s) appearing for the Case

Robinson, Silverman, Pearce, Aronsohn & Berman, New York City (Michael O'Toole and Matthew Silverman, of counsel), for plaintiff.

Shea & Gould, New York City (Michael Lesch, of counsel), for defendant and additional counter-claim plaintiffs.

OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff, Park South Hotel Corporation ("Park South Corporation"), brings this action seeking a judgment declaring that the withdrawal liability provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. (1982), as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA" or "the Act"), 29 U.S.C. §§ 1381 et seq. (1982), are not...

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