RHEEM MFG. v. CENTRAL STATES PENSION FUND

Civ. No. 94-2056.

873 F.Supp. 173 (1994)

RHEEM MANUFACTURING COMPANY, Plaintiff, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant.

United States District Court, W.D. Arkansas, Fort Smith Division.

December 8, 1994.


Attorney(s) appearing for the Case

Hugo Swan, Abraham W. Bogoslavsky, Kathleen Hillegas, McGlinchey, Stafford & Lang, Ft. Smith, AR, for plaintiff.

Terence G. Craig, Central States Funds, Rosemont, IL, Melva Harmon, Little Rock, AR, for defendant.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

In this declaratory judgment action, Rheem Manufacturing Company (Rheem) seeks a declaration that it is not an "employer" under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), codified at 29 U.S.C. §§ 1381-1453. The matter is currently before the court on cross-motions for summary judgment, and the sole question before this court is whether a joint employer is an "employer...

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