(DOWNLOAD) "Nysa-Ila Pension Trust Fund v. Indonesia" by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Nysa-Ila Pension Trust Fund v. Indonesia
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 04, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
MINER, Circuit Judge : In October of 1991, plaintiffs-counterclaim defendants-appellants John Bowers, James A. Capo, Albert Cernadas, Bart DiMattina, John W. Millard, Richard H. O'Neill, Anthony Pimpinella and Thomas Popola, as Trustees of NYSA-ILA Pension Trust Fund (""the Fund""), brought this action in the United States District Court for the Southern District of New York (Leval, J.) against defendants-counterclaim plaintiffs-appellees Garuda Indonesia, the national airline of Indonesia, and four Indonesian Banks, Bank Bumi Daya, Bank Negara, Bank Dagang Negara and Bank Ekspor Impor Indonesia (""the Defendants""), to impose withdrawal liability pursuant to the Employee Retirement Income Security Act of 1974, as amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1001-1461 (1988 & Supp. III 1991) (""ERISA""). The gravamen of the Fund's complaint was that the Defendants, together with P.T. Djakarta Lloyd (""Djakarta"") (against which the Fund held a $1,317,276.44 judgment), were ""trades or businesses . . . which [were] under common control,"" as defined by ERISA, see id. § 1301(b)(1), and that the Defendants therefore were jointly and severally responsible for the withdrawal liability incurred by Djakarta.