Board of Trustees of Const. Laborers Pension Trust for Southern California v. Concrete Pipe and Products of California, Inc., 89-55854

• Decision Date: 27 June 1991
• Docket Number: No. 89-55854,89-55854
• Parties: Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, Plaintiff-Appellee, v. CONCRETE PIPE AND PRODUCTS OF CALIFORNIA, INC., Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 576

936 F.2d 576

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS PENSION TRUST

FOR SOUTHERN CALIFORNIA, Plaintiff-Appellee, v. CONCRETE PIPE AND PRODUCTS OF CALIFORNIA, INC., Defendant-Appellant.

No. 89-55854.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 6, 1991.

Decided June 27, 1991.

Before HUG, WILLIAM A. NORRIS and LEAVY, Circuit Judges.

MEMORANDUM ^*

We affirm the district court's decision. Whether Concrete Pipe & Products of California ("Concrete Pipe") withdrew from the employee benefits plan before the Multi-Employer Pension Plan Amendments Act of 1980 ("MPPAA") was properly sent to arbitration. See Teamsters Pension Trust Fund Bd. of Trustees of Western Conf. v. Allyn Transp. Co., 832 F.2d 502, 505 (9th Cir.1987).

We affirm the arbitrator's calculation of withdrawal liability for the reasons stated by the district court.

Concrete Pipe's constitutional challenges to the MPPAA are controlled by Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 211, 224 (1986) and Board of Trustees v. Thompson Bldg. Materials, Inc., 749 F.2d 1396, 1400 (9th Cir.1984), cert. denied, 471 U.S. 1054 (1985).

Appellees are entitled to attorney's fees on appeal pursuant to 29 U.S.C. Sec. 1132(g)(2)(D). See Lads Trucking Co. v. Bd. of Trustees of Western Conf. of Teamsters Pension Trust Fund, 777 F.2d 1371, 1375-76 (9th Cir.1985).

AFFIRMED.

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.