Michigan Paving and Materials Company v. Operating Engineers Local 324 Pension Fund

NOT RECOMMENDED FOR PUBLICATION
File Name: 25a0411n.06
Case Nos. 24-1746/1748
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
MICHIGAN PAVING AND MATERIALS
COMPANY,
Plaintiff-Appellee/Cross-Appellant,
v.
OPERATING ENGINEERS LOCAL 324
PENSION FUND,
Defendant,
TRUSTEES OF THE OPERATING
ENGINEERS LOCAL 324 PENSION FUND,
Defendant-Appellant/Cross-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF
MICHIGAN
OPINION
Before: THAPAR, READLER, and BLOOMEKATZ, Circuit Judges.
PER CURIAM. Considering this court’s recently published decision in Ace-Saginaw
Paving Co. v. Operating Engineers Local 324 Pension Fund (Nos. 24-1288/1305), we affirm the
judgment of the district court. We remand for the Fund’s actuary to recalculate Michigan Paving
Company’s withdrawal liability using assumptions and methods that are consistent with ERISA’s
requirements, as clarified by Ace-Saginaw Paving Co.

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