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CENT. HARDWARE CO. v. CENT. STATES, SE & SW AREAS PENSION FUND

Nos. 84-2158, 84-2297.

770 F.2d 106 (1985)

CENTRAL HARDWARE COMPANY, a corporation, Appellee, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Loran W. Robbins, Marion M. Winstead, Harold J. Yates, Earl L. Jennings Jr., Howard McDougall, Robert J. Baker, Arthur H. Bunte Jr., and R.V. Pulliam Sr., as Trustees of the Central States, Southeast and Southwest Areas Pension Fund, and George W. Lehr, Executive Director of the Central States, Southeast and Southwest Areas Pension Fund, Appellants. CENTRAL HARDWARE COMPANY, a corporation, Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Loran W. Robbins, Marion M. Winstead, Harold J. Yates, Earl L. Jennings Jr., Howard McDougall, Robert J. Baker, Arthur H. Bunte Jr., and R.V. Pulliam Sr., as Trustees of the Central States, Southeast and Southwest Areas Pension Fund, and George W. Lehr, Executive Director of the Central States, Southeast and Southwest Areas Pension Fund, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1985.

Rehearing and Rehearing Denied November 8, 1985.

Attorney(s) appearing for the Case

Jim J. Shoemake, St. Louis, Mo., for Central States, Southeast and Southwest Areas Pension Fund et al.

Lynn Chipperfield, St. Louis, for Central Hardware Co.

Before BRIGHT, ARNOLD and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 8, 1985.

FAGG, Circuit Judge.

Central Hardware Company (CH) brought suit against Central States, Southeast and Southwest Areas Pension Fund (CS) and its trustees and executive director for refusing to accept payments tendered by CH. CH claims CS' actions amount to: (1) a breach of the trust agreement between the parties, (2) intentional interference with CH's collective bargaining agreement with St. Louis Teamsters...

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