Legal Opinion
Long Island Oil Products Co. v. Local 553 Pension Fund
Court of Appeals for the Second Circuit
Decided September 27, 1985No. 1226, Docket 85-7008PublishedCited by 13 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The question on this appeal is whether Congress violates due process when it first enacts a law having retroactive application and then — after having second-thoughts— rescinds it. This case, one of the many disputes engendered by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA or Act), pits a multiemployer pension benefit fund against an employer that has withdrawn from the fund. When Congress enacted the MPPAA — which became law on September 26, 1980 — it provided that the Act’s effective date was to be five months earlier — on April 29, 1980. Since the…
2Cases cited15 opinions
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Ferguson v. SkrupaSupreme Court of the United States · 1963
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- Day-Brite Lighting, Inc. v. MissouriSupreme Court of the United States · 1952
- Olsen v. Nebraska Ex Rel. Western Reference & Bond Assn., Inc.Supreme Court of the United States · 1941
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3Cited by13 opinions
- Canisius College v. United StatesCourt of Appeals for the Second Circuit · 1986
- Sea-Land Service, Inc. v. James Barry and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1994
- Jaspan v. Certified Industries, Inc.District Court, E.D. New York · 1985
- Crown Cork & Seal Co. v. Central States Southeast & Southwest Areas Pension FundCourt of Appeals for the Third Circuit · 1992
- Crown Cork & Seal Company, Inc. v. Central States Southeast and Southwest Areas Pension Fund, a Federal Multiemployer Employee Pension Benefit Plan Loran W. Robbins Marion M. Winstead Robert C. Sansone Robert J. Baker Howard McDougall Arthur H. Bunte R. Jerry Cook and R v. Pulliam, Its Present Trustees in Their Fiduciary Capacity(ies) (d.c. Civil No. 84-05737). Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust Marion M. Winstead Robert C. Sansone Robert J. Baker Howard McDougall Arthur H. Bunte, Jr. R. Jerry Cook R v. Pulliam, Sr. Harold D. Leu, Its Present Trustees v. Crown Cork & Seal Company, Inc. (d.c. Civil No. 91-04423), Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust, and Its Trustees, Including Marion M. Winstead, Robert C. Sansone, Robert J. Baker, Howard McDougall Arthur H. Bunte, Jr., R. Jerry Cook, R v. Pulliam, Sr. And Harold D. LeuCourt of Appeals for the Third Circuit · 1993
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