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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 37*37 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.

Both parties moved for summary judgment, and, in a Memorandum Opinion and Order dated March 1, 1993, the district court dismissed the Fund's complaint and directed the entry of summary judgment for the Defendants. The district court found that the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1330, 1602-1611 (1988) ("FSIA"), divested it of subject matter jurisdiction in this case. For the reasons that follow, we affirm.


7 F.3d 35 (1993)

NYSA-ILA PENSION TRUST FUND, by and through its Trustees, John BOWERS; James A. Capo; Albert Cernadas; Bart DiMattina; John W. Millard; Richard H. O'Neill; Anthony Pimpinella and Thomas Popola, Plaintiffs-Counterclaim Defendants-Appellants,


GARUDA INDONESIA; Bank Bumi Daya; Bank Negara, Indonesia 1946; Bank Dagang Negara and Bank Ekspor Impor Indonesia, Defendants-Counterclaim Plaintiffs-Appellees.

No. 1876, Docket 93-7230. United States Court of Appeals, Second Circuit.

Argued August 11, 1993. Decided October 4, 1993.

New York Law School location: File # 1725, Box # 131