NOT RECOMMENDED FOR PUBLICATION File Name: 25a0411n.06

Case Nos. 24-1746/1748

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

FILED Aug 27, 2025 ) MICHIGAN PAVING AND MATERIALS KELLY L. STEPHENS, Clerk COMPANY, ) ) Plaintiff-Appellee/Cross-Appellant, ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR v. ) THE EASTERN DISTRICT OF ) MICHIGAN OPERATING ENGINEERS LOCAL 324 PENSION FUND, ) ) Defendant, ) OPINION ) TRUSTEES OF THE OPERATING ) ENGINEERS LOCAL 324 PENSION FUND, ) Defendant-Appellant/Cross-Appellee. )

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.