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CENTRAL STATES PENSION FUND v. CENTRAL TRANSP., INC.

No. 82-2157.

472 U.S. 559 (1985)

CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS PENSION FUND ET AL. v. CENTRAL TRANSPORT, INC., ET AL.

Supreme Court of United States.

Decided June 19, 1985

Attorney(s) appearing for the Case

Russell N. Luplow argued the cause for petitioners. With him on the briefs was Diana L. S. Peters.

Joshua I. Schwartz argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Lee, Deputy Solicitor General Geller, Karen I. Ward, and Mary-Helen Mautner.

Patrick A. Moran argued the cause for respondents. With him on the briefs were Vivian B. Perry and Arthur R. Miller.*

JUSTICE MARSHALL delivered the opinion for the Court.

The issue presented is whether an employer who participates in a multiemployer benefit plan that is governed by the Employee Retirement Income Security Act of 1974, 29 U. S. C. § 1001 et seq., must allow the plan to conduct an audit involving the records of employees who the employer denies are participants in the plan.

I

A

Petitioners are two large multiemployer benefit...

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