Legal Opinion

Keith Fulton & Sons, Inc. v. New England Teamsters and Trucking Industry Pension Fund, Inc.

Court of Appeals for the First Circuit

Decided May 23, 1985No. 83-1804PublishedCited by 39 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

Appellant Keith Fulton & Sons, Inc. (Fulton) originally challenged the constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. §§ 1381, et seq., Pub.L. No. 96-364, 94 Stat. 1208 (1980), on a number of grounds. A panel of this court upheld most of the act, but found that certain presumptions in the statute, 29 U.S.C. § 1401(a)(3), deprived employers of procedural due process. Because of the importance of the issue, the unanimous authority of other circuits against the panel’s view,1 *1139and the questions raised by the parties following…

2Cases cited23 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Welch v. HelveringSupreme Court of the United States · 1933
  4. Stanley v. IllinoisSupreme Court of the United States · 1972
  5. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955

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

3Cited by39 opinions

  1. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  2. Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
  3. Helen Debreceni, Etc. v. Merchants Terminal Corporation and Terminal Refrigeration and Warehousing CorporationCourt of Appeals for the First Circuit · 1989
  4. Wisconics Engineering, Inc. v. FisherIndiana Court of Appeals · 1984
  5. Salem Laundry Company v. New England Teamsters and Trucking Industry Pension FundCourt of Appeals for the First Circuit · 1987

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

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