Thomas v. Southland Corp.

ORDER

NORGLE, District Judge.

This matter is before the court on the Defendant’s, the Southland Corporation (“SOUTHLAND”), Rule 12(b)(6) motion to dismiss. The issue presented by South-land’s motion is whether the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1381, et seq. (“MPPAA”), entitles the Plaintiffs, Trustees of the Dairy Employee’s-Milk Dealer’s Pension Plan (“PLAN”), to payments for Southland’s withdrawal liability pending the arbitrator’s determination of Southland’s withdrawal liability. Southland contends that internal ambiguities and inconsistencies within MPPAA,…