United States Sixth Circuit

District court's grant of summary judgment in favor of defendant is affirmed in part and vacated and remanded in part where: 1) with respect to plaintiffs' claims for withdrawal liability under the Multiemployer Pension Plan Amendments Act, the court's judgment is vacated and remanded for a determination whether the defendant had an obligation to contribute to the fund under applicable labor-management relations law; and 2) district court's judgment with respect to plaintiffs' claim for breach of contract is affirmed.

Appellate Information

• Decided 10/23/2009
• Published 10/23/2009

Judges

• Before:  KETHLEDGE and WHITE, Circuit Judges;  POLSTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Joseph Franczyk, Jr., Central States Law Department, Rosemont, Illinois, for Appellants.  Lee T. Polk, Barnes & Thornburg LLP, Chicago, Illinois, for Appellee.   ON BRIEF:  John Joseph Franczyk, Jr., Anthony E. Napoli, Central States Law Department, Rosemont, Illinois, for Appellants.  Lee T. Polk, Barnes & Thornburg LLP, Chicago, Illinois, Bart A. Karwath, Barnes & Thornburg LLP, Indianapolis, Indiana, for Appellee.