CENTRAL STATES, S.E. & S.W. AREAS PENSION FUND v. GERBER TRUCK SERVICE, INC.

No. 87-2480.

870 F.2d 1148 (1989)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a pension trust, et al., Plaintiffs-Appellants, v. GERBER TRUCK SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1988.

Reargued February 9, 1989.

Decided March 17, 1989.


Attorney(s) appearing for the Case

Albert M. Madden, Central States Law Dept., Chicago, Ill., for plaintiffs-appellants.

Ross A. Friedman, Susman, Schermer, Rimmel & Parker, St. Louis, Mo., for defendant-appellee.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.


Reargued En Banc February 9, 1989.

EASTERBROOK, Circuit Judge.

We took this case en banc to decide whether, when an employer and union submit to a pension fund documents promising to make contributions on behalf of all employees, understandings and practices that would prevent enforcement of the writings between employer and union also defeat the fund's claims. The answer depends on § 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S...

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