Legal Opinion

Cpt Holdings, Inc. v. Industrial & Allied Employees Union Pension Plan, Local 73

Court of Appeals for the Sixth Circuit

Decided January 21, 1999No. 97-4115PublishedCited by 23 opinions

1Opinion of the Court

OPINION

FARRIS, Circuit Judge.

The pension plan of Industrial and Allied Employees Union Local No. 73 appeals the district court’s reduction of an arbitrator’s award. We hold that CPT Holdings, Inc. had no liability within the meaning of the Bankruptcy code prior to Hupp’s actual withdrawal from the plan. We reverse and remand for reinstatement of the arbitrator’s award.

FACTS

Prior to bankruptcy proceedings, Hupp and the Industrial & Allied Employees Union Local No. 73 were parties to a Collective Bargaining Agreement under which Hupp made contributions to the Plan. Hupp filed a voluntary…

2Cases cited10 opinions

  1. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  2. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  3. Teamsters Joint Council No. 83 v. Centra, Inc.Court of Appeals for the Fourth Circuit · 1991
  4. Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co.Supreme Court of the United States · 1995
  5. Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. In Re: Eagle-Picher Industries, Inc., Debtor. Caradon Doors and Windows, Inc. v. Eagle-Picher Industries, Inc., Movant-AppellantCourt of Appeals for the Sixth Circuit · 2006
  2. Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.)Court of Appeals for the Sixth Circuit · 2006
  3. United Mine Workers of America 1974 Plan & Trust v. Lexington Coal Co. (In Re HNRC Dissolution Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  4. Beye v. Horizon Blue Cross Blue Shield of NJDistrict Court, D. New Jersey · 2008
  5. I.A.M. National Pension Fund v. TMR Realty Co.District Court, District of Columbia · 2006

18 more not listed; retrieve them via the Exa API.

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