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SIGMUND COHN v. DIST. NO. 15 MACHINISTS PENSION

No. CV 91-2691 (RJD).

804 F.Supp. 490 (1992)

SIGMUND COHN CORPORATION, Plaintiff, v. DISTRICT NO. 15 MACHINISTS PENSION FUND, BY ITS BOARD OF TRUSTEES, I. Michael Braco, Richard Hubert, Victor San Filippo, William Henry and Alan I. Stern, Defendants.

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

October 22, 1992.

Attorney(s) appearing for the Case

Barry N. Saltzman, Shea & Gould, New York City, for plaintiff.

Joyce Tichy, Vladeck, Waldman, Elias & Engelhard, P.C., New York City, for defendants.

MEMORANDUM AND ORDER

DEARIE, District Judge.

In this action to confirm an arbitrator's decision concerning an employer's liability upon withdrawal from a multiemployer pension plan, the Court must consider the assessment of liability under section 4221 of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. § 1401. The employer, petitioner Sigmund Cohn...

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