Legal Opinion
Rheem Manufacturing Co. v. Central States, Southeast & Southwest Areas Pension Fund
District Court, W.D. Arkansas
Decided December 8, 1994No. Civ. No. 94-2056PublishedCited by 2 opinions
1Opinion of the Court
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” for purposes of assessing withdrawal liability under MPPAA.
This is a question of first impression for the Eighth Circuit, and there is no applicable direct…
2Cases cited11 opinions
- Cruz v. Robert Abbey, Inc.District Court, E.D. New York · 1991
- Central Pennsylvania Teamster's Pension Fund v. Service Group, Inc.District Court, E.D. Pennsylvania · 1985
- Refined Sugars, Inc. v. Local 807 Labor-Management Pension FundDistrict Court, S.D. New York · 1986
- Sheetmetal Workers Union Local No. 110 and John Grider v. Public Service Company of Indiana, Inc.Court of Appeals for the Seventh Circuit · 1985
- Russom v. Sears, Roebuck & Co.District Court, E.D. Missouri · 1976
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3Cited by2 opinions
- RHEEM MANUFACTURING COMPANY, Appellee, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, AppellantCourt of Appeals for the Eighth Circuit · 1995
- Olivieri v. P.M.B. Construction, Inc.District Court, E.D. New York · 2005