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BOWERS v. COMPANIA PERUANA DE VAPORES, S.A.

No. 88 Civ. 2128 (RWS).

689 F.Supp. 215 (1988)

John BOWERS, Donald Carson, James G. Costello, M. Brian Maher, Anthony Pimpinella, Anthony J. Tozzoli, and Peter F. Vickers, as Trustees for and on behalf of the NYSA-ILA Pension Trust Fund, Plaintiffs, v. COMPANIA PERUANA DE VAPORES, S.A., Defendant.

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

June 9, 1988.

Attorney(s) appearing for the Case

Lambos & Giardino (C.P. Lambos, Donato Caruso, of counsel), Thomas W. Gleason (Kevin Marrinan, of counsel), New York City, for plaintiffs.

Haight, Gardner, Poor & Havens (Juan A. Anduiza, Richard L. Jarashow, Mark C. Flavin, Irwin N. Rubin, John P. Marinan, of counsel), New York City, for defendant.

OPINION

SWEET, District Judge.

Plaintiffs, trustees of the NYSA-ILA Pension Trust Fund ("PTF") have moved for an order staying arbitration initiated by defendant Compania Peruana De Vapores, S.A. ("CPV") and to compel interim withdrawal liability payments under the Multi-Employer Pension Plan Amendments Act ("MPPAA"), 29 U.S.C. § 1381 et seq., pending a resolution of this dispute. For the reasons set forth below, arbitration will not be stayed...

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