Legal Opinion
Dorn's Transportation, Inc., and Oneida Motor Freight, Inc. v. Teamsters Pension Trust Fund of Philadelphia and Vicinity
Court of Appeals for the Third Circuit
Decided April 7, 1986No. 85-5006PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This case presents the question of whether, under the Multiemployer Pension Plan Amendments Act (“MPPAA”), 29 U.S.C. § 1381 et seq., an employer-member of an ERISA pension plan may be assessed withdrawal liability when it sells all of its stock to another employer that assumes the operations of the corporate seller and employs most of its employees, and, by virtue of its independent collective bargaining agreement with the same pension plan, continues to make the payments formerly made by the first employer. In the unusual circumstances of this case,…
2Cases cited4 opinions
- I.A.M. National Pension Fund Benefit Plan C and Alan W. Skolnick v. Stockton Tri IndustriesCourt of Appeals for the D.C. Circuit · 1984
- Aviation Specialties, Inc. v. United Technologies Corporation, Pratt-Whitney Aircraft of Canada, Ltd., and Airwork Division of Pacific Airmotive, Inc.Court of Appeals for the Fifth Circuit · 1978
- Dorn v. Dorn's Transportation, Inc.District Court, S.D. New York · 1983
- Dorn's Transportation, Inc. v. Teamsters Pension Trust Fund & VicinityDistrict Court, D. New Jersey · 1984
3Cited by38 opinions
- Crown Cork & Seal Co. v. Central States Southeast & Southwest Areas Pension FundCourt of Appeals for the Third Circuit · 1989
- Flying Tiger Line v. Teamsters Pension Trust FundCourt of Appeals for the Third Circuit · 1987
- The Flying Tiger Line, a Delaware Corporation, Tiger International, Inc., a Delaware Corporation, Warren Transport, Inc., an Iowa Corporation, & Counterdefendants v. Teamsters Pension Trust Fund of Philadelphia and Vicinity, A/K/A Teamsters Pension Plan of Philadelphia and Vicinity, and Charles J. Schaffer, Jr., Counterplaintiffs v. Central States, Southwest and Southeast Areas Pension Fund, a Multiemployer Pension Plan, Teamsters Pension Trust Fund of Philadelphia and Vicinity, a Multiemployer Pension Plan, Western Pennsylvania Teamsters and Employers Pension Fund, a Multiemployer Pension Plan, Teamsters Local 641 Pension Fund, a Multiemployer Pension Plan, and Central Pennsylvania Teamsters Pension Fund, a Multiemployer Pension Plan, Each Sued Individually and as a Member of a Class of Similarly Situated Multiemployer Pension Plans Who Assert Withdrawal Liability, Against Hall's Motor Transit Company, Under the Multiemployer Pension Plan Amendments Act of 1980. Appeal of the Flying Tiger Line, Inc., Tiger International Inc. And Warren Transport, Inc.Court of Appeals for the Third Circuit · 1987
- United Food and Commercial Workers Union v. Progressive SupermarketsDistrict Court, D. New Jersey · 1986
- Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension FundCourt of Appeals for the Sixth Circuit · 2013
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