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N.Y. TEAMSTERS CONFERENCE PEN. & RET. FUND v. McNICHOLAS TRAN.

No. 84-CV-1299.

658 F.Supp. 1469 (1987)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION & RETIREMENT FUND, by its trustees, T. Edward Nolan, Curtis Gundersen, Richard Muller, Rocco F. DePerno, Paul E. Bush, and Jack Canzoneri, in their representative capacities, Plaintiff, v. McNICHOLAS TRANSPORTATION COMPANY, Defendant.

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

May 1, 1987.

Attorney(s) appearing for the Case

Law Offices of Lawrence V. Kelly, New York City, Mead, Begley & Quinlan, Local Counsel, Schenectady, N.Y., Diane B. Walker and William J. Quinlan, of counsel, for plaintiff.

Gracey, Maddin, Cowan & Bird, Robert H. Cowan, of counsel, Nashville, Tenn., for defendant.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

This action requires the court to examine the circumstances under which an employer may forego a statutorally mandated arbitration process and seek judicial resolution of a dispute arising out of the assessment of withdrawal liability by a plan sponsor under the provisions of the Multiemployer Pension Plan Amendments Act ("MPPAA"). See 29 U.S.C. §...

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