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· 4/4/1986

Central States Southeast and Southwest Areas Pension Fund, Plaintiff v. Bellmont Trucking Co., Inc.

Citations

  • 788 F.2d 428
  • 7 Employee Benefits Cas. (BNA) 1395
  • 1986 U.S. App. LEXIS 23744

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting employer’s argument that the MPPAA did not apply to involuntary withdrawal caused by employer’s bankruptcy
  • alleged \unjust enrichment\ to the Fund does not preclude withdrawal liability where statute clearly imposes such liability upon the employer
  • alleged “unjust enrichment” to the Fund does not preclude withdrawal liability where statute clearly imposes such liability upon the employer
  • “the enumeration of specific exclusions from the operation of a statute is an indication that the statute should apply to all cases not specifically excluded.”
  • “Withdrawal liability tends to compensate for the shrinkage of the contribution base that occurs when the number of employees on whose behalf contributions are made decreases.”
  • “ ‘the enumeration of specific exclusions from the operation of a statute is an indication that the statute should apply to all cases not specifically excluded.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Cudahy, Barker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.