INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS PENSION PLAN ET AL.

v.

MEAGHER

Citator

Cited By

• Meliezer v. Resolution Tr. Co. for Home Sav. & Loan Ass'n, 952 F.2d 879 (5th Cir. 1992)
  …otection Agency, 858 F. 2d 282, 286 (6th Cir.1988) (“the failure of the notice of noncompliance to contain the instruction manual or the technical support document does not prevent the EPA from proceeding with the liability hearing.”), cert. denied, 490 U.S. 1039, 109 S.Ct. 1943, 104 L.Ed.2d 413 (1989). Although the Supreme Court has not adopted this rule, it has indicated that it “would be most reluctant to conclude that every failure of an agency to observe a procedural requirement voids subsequent agency…
• Phillips v. Alaska Hotel & Rest. Emps. Pension Fund, 944 F.2d 509 (9th Cir. 1991)
  …le to the “restarted” period; untimely claims are not resuscitated by an invocation of this doctrine. Our decision in Meagher v. International Association of Machinists & Aerospace Workers’ Pension Plan, 856 F. 2d 1418 (9th Cir.1988), cert. denied, 490 U.S. 1039, 109 S.Ct. 1943, 104 L.Ed.2d 414 (1989), upon which the plaintiffs rely, does not suggest otherwise. In Meagher, we held that repeated, practical applications of an allegedly improper amendment to the plaintiffs pension plan constituted a series of…
• The Ohio Bell Tel. Co. (90-3146/3688) v. Fed. Commc'ns Comm'n, 949 F.2d 864 (6th Cir. 1991)
  …against the application of A.T. & T.’s reasoning to this case, the Commission offers little of substance either by way of argument or authority. The Commission cites New England Telephone & Telegraph Co., 826 F. 2d 1101 (D.C.Cir.1987), cert. denied, 490 U.S. 1039, 109 S.Ct. 1942, 104 L.Ed.2d 413 (1989). That case establishes that the Commission may regulate rates by establishing rates of return to be incorporated into rate schedules. It does not address the issue of A.T. & T. or this case. This issue is whet…