Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
MANSFIELD, Circuit Judge:
The Trustees of the Amalgamated Insurance Fund (“The Fund”) appeal from an order of the Western District of New York, Michael A. Telesca, Judge, affirming without opinion a decision of Judge Edward D. Hayes of the bankruptcy court (reported at 46 B.R. 88 (1985)) in the Chapter 11 bankruptcy of McFarlin’s Inc. The decision held that “withdrawal liability” incurred by McFarlin’s under the Multiemployer Pension Plan Amendments Act (MPPAA), 29 U.S.C. §§ 1381(a) et seq., must be asserted by the Fund as a general unsecured claim and hence is not entitled to priority as an…
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