Legal Opinion

Philippines, Micronesia & Orient Navigation Co. v. NYSA-ILA Pension Trust Fund

Court of Appeals for the Second Circuit

Decided July 11, 1990No. 1340, Docket 90-7152PublishedCited by 5 opinions

1Per curiam

Philippines, Micronesia & Orient Navigation Company (“PM & O”), a maritime carrier, appeals from a summary judgment of the United States District Court for the Southern District of New York (Cannella, J.) dismissing its action for a declaratory *41judgment and the refund of assessments paid to the NYSA-ILA Pension Trust Fund. PM & 0 sought a judicial declaration that it was not an “employer” of employee participants in the NYSA-ILA Pension Trust Fund and therefore was not liable under ERISA because of its withdrawal from the multiemployer trust plan. We affirm the district court’s judgment.

From…

2Cases cited4 opinions

  1. Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
  2. Bowers v. Transportacion Maritima Mexicana, S.A.Court of Appeals for the Second Circuit · 1990
  3. Korea Shipping Corporation v. New York Shipping Association--International Longshoremen's Association Pension Trust Fund and the Board of Trustees of the Nysa-Ila Pension Trust Fund, Delta Steamship Lines, Inc. v. New York Shipping Association-International Longshoremen's Association Pension Trust Fund, the Board of Trustees of the New York Shipping Association International Longshoremen's Association Pension Trust Fund, Defendants-Counterclaim Delta Steamship Lines, Inc., Crowley Maritime International (Inc) and Crowley Maritime Corporation, Counterclaim Co-DefendantsCourt of Appeals for the Second Circuit · 1989
  4. Delta Steamship Lines, Inc. v. New York Shipping Ass'nDistrict Court, S.D. New York · 1988

3Cited by5 opinions

  1. Bowers v. Andrew Weir Shipping, Ltd.Court of Appeals for the Second Circuit · 1994
  2. Seaway Port Authority of Duluth v. Duluth-Superior ILA Marine Ass'n Restated Pension PlanCourt of Appeals for the Eighth Circuit · 1990
  3. Seaway Port Authority Of Duluth v. Duluth-Superior Ila Marine Association Restated Pension PlanCourt of Appeals for the Eighth Circuit · 1990
  4. John Bowers, James A. Capo, Albert Cernadas, Sergio Cassaine, Jr., Frank Lonardo, S.Y. Kuo, Captain, Thomas Popola, John W. Millard, as Trustees for and on the Behalf of the Nysa-Ila Pension Trust Fund v. Andrew Weir Shipping, Limited, Formerly Known as Bank Line Ltd., Safbank Line Limited, South African Marine Corp., Ltd., Andrew Weir Shipping Limited, Formerly Known as Bank Line Limited, South African Marine Corp., Ltd., Safbank Line Limited, as Successor in Interest v. New York Shipping Association-International Longshoreman's Association Pension Trust Fund, Board of Trustees of the Nysa-Ila Pension Trust FundCourt of Appeals for the Second Circuit · 1994
  5. Philippines, Micronesia & Orient Navigation Company v. Nysa-Ila Pension Trust FundCourt of Appeals for the Second Circuit · 1990

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