Board of Trustees of Western Conference of Teamsters Pension Trust Fund v. Thompson Bldg. Materials, Inc.

749 F.2d 1396 6 Employee Benefits Ca 1233 BOARD OF TRUSTEES OF the WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Plaintiff-Appellee, v. THOMPSON BUILDING MATERIALS, INCORPORATED, a California Corporation, Defendant- Appellant. No. 83-5893. United States Court of Appeals, Ninth Circuit. Submitted * May 9, 1984. Decided Dec. 27, 1984. Kirke M. Hasson, Pillsbury, Madison & Sutro, San Francisco, Cal., for plaintiff-appellee. David P. Strauss, Law offices of Roger A. Saevig, Irvine, Cal., Herbert A. Moss, Santa Ana, Cal., for defendant-appellant. On appeal from the United States District Court for the Central District of California. Before HUG ** , TANG and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Thompson Building Materials, Inc. (Thompson), appeals summary judgment by the district court in an action under the Multiemployer Pension Plan Amendments Act of 1980. The court held that Thompson was liable to the Western Conference of Teamsters Pension Fund (the Fund) for $103,156.52 in withdrawal liabilities, and for additional amounts in interest, liquidated damages and costs. 2 Thompson mounts a broad constitutional attack on the Act's statutory withdrawal…