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BAY AREA LAUNDRY AND DRY CLEANING PENSION TRUST FUND v. FERBAR CORPORATION OF CALIFORNIA

No. 96-370.

522 U.S. 192 (1997)

118 S.Ct. 542

139 L.Ed.2d 553

BAY AREA LAUNDRY AND DRY CLEANING PENSION TRUST FUND v. FERBAR CORPORATION OF CALIFORNIA, INC., et al.

Supreme Court of United States.

Decided December 15, 1997.

Attorney(s) appearing for the Case

Marsha S. Berzon argued the cause for petitioner. With her on the briefs was Scott A. Kronland.

Edward C. Dumont argued the cause for the United States as amicus curiae urging reversal. On the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Kneedler, Lisa Schiavo Blatt, James J. Keightley, Jeffrey B. Cohen, Israel Goldowitz, and Karen L. Morris.

William F. Terheyden argued the cause for respondents. With him on the brief was James P. Baker.*

Justice Ginsburg, delivered the opinion of the Court.

The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 94 Stat. 1208, 29 U. S. C. §§ 1381-1461, requires employers who withdraw from underfunded multiemployer pension plans to pay a "withdrawal liability." An employer may discharge that obligation by making a series of periodic payments according to a postwithdrawal schedule set by the pension fund's...

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