Bakery & Confectionary Union & Indus. Int'l Pension Fund v. Just Born II, Inc.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
AGEE, Circuit Judge:
Just Born II, Inc. ("Just Born"), a candy manufacturer, appeals the district court's judgment requiring it to pay delinquent contributions into the Bakery and Confectionary Union and Industry International Pension Fund (the "Pension Fund"), as well as interest, statutory damages, and attorneys' fees. It contends, first, that the district court misapplied the federal statute governing multiemployer pension funds in critical status and, second, that the court erred in holding that it had failed to plead adequately its affirmative defenses. For the reasons set out below, we…
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