COURT OF APPEALS FOR THE SECOND CIRCUIT
Div. 1181 A.T.U.—N.Y. Emps. Pension Fund – Appellant
Versus
City of N.Y. Dep't of – Respondent
29 Division 1181 A.T.U.—New York Employees Pension Fund and its trustees 30 (collectively, “the Fund”) appeal from a judgment of the United States District 31 Court for the Southern District of New York (Castel, J.), dismissing the Fund’s
* Judge Jane A. Restani, of the United States Court of International Trade, sitting by designation. 2 1 claims against the New York City Department of Education (the “DOE”) for
2 delinquent withdrawal liability payments under the Multiemployer Pension Plan
3 Agreements Act (“MPPAA”), 29 U.S.C. § 1381 et seq. The Fund argued that the
4 DOE was the “employer” of the Fund’s participants under the MPPAA and is
5 therefore subject to the withdrawal liability incurred by some of its private
6 contractors upon their withdrawal from the Fund. The District Court held that
7 the DOE had no obligation to contribute to the Fund and was therefore not an
8 employer under the MPPAA. We AFFIRM.
9 BACKGROUND 10
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