Legal Opinion

Teamsters Pension Trust Fund v. Brigadier Leasing Associates

District Court, E.D. Pennsylvania

Decided March 24, 1995No. Civ. A. 94-1847PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM

DuBOIS, District Judge.

Table of Contents

I. Introduction. 391

A. Procedural History and Background . 391

B. The Defendants. 392

II. MPPAA Withdrawal Liability. 392

III. Arbitration. 393

A. Flying Tiger and Doherty . 393

B. Date of Withdrawal .394

C. Controlled Groups.394

1. Epes Carriers, Inc. and

Epes Transport System, Inc.394

a. The “Option Contract”.394

b. Post-Withdrawal Common Control.395

2. Brigadier and Bodford.396

IV. Statute of Limitations .397

V. Notice and Demand.397

VI. Employer Status at Time of Withdrawal.399

A Brigadier and Bodford.399

B. Epes Carriers, Inc. and Epes Transport…

2Cases cited19 opinions

  1. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  2. Central States, Southeast and Southwest Areas Pension Fund v. Burton SlotkyCourt of Appeals for the Seventh Circuit · 1992
  3. Bowers v. Transportacion Maritima Mexicana, S.A.Court of Appeals for the Second Circuit · 1990
  4. 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
  5. Pacific Coast Biscuit Co. v. CommissionerUnited States Board of Tax Appeals · 1935

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3Cited by9 opinions

  1. Ceco Concrete Construction, LLC v. Centennial State Carpenters Pension TrustCourt of Appeals for the Tenth Circuit · 2016
  2. Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc. v. CannyDistrict Court, N.D. New York · 1995
  3. National Integrated Group Pension Plan v. Dunhill Food Equipment Corp.District Court, E.D. New York · 2013
  4. Ceco Concrete Construction, LLC v. Centennial State Carpenters Pension TrustDistrict Court, D. Colorado · 2014
  5. McClain v. Jones (In Re Jones & McClain, LLP)United States Bankruptcy Court, W.D. Pennsylvania · 2001

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