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WHITWORTH BROS. STORAGE CO. v. CENT. STATES

No. 85-3247.

794 F.2d 221 (1986)

WHITWORTH BROS. STORAGE COMPANY, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1986.

Rehearing and Rehearing Denied August 26, 1986.

Attorney(s) appearing for the Case

Eugine I. Selker, argued, Mark A. Selker, Cleveland, Ohio, for plaintiff-appellant.

Bernard S. Goldfarb, Mark V. Webber, argued, Goldfarb & Reznick, Cleveland, Ohio, for defendants-appellees.

Before: ENGEL, CONTIE and MILBURN, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 26, 1986.

CONTIE, Circuit Judge.

Whitworth Brothers Storage Co. (Whitworth) appeals from an order of the district court dismissing Whitworth's complaint filed pursuant to 29 U.S.C. § 1103(c)(2)(A)(ii) against Central States, Southeast and Southwest Areas Pension Fund, its trustees and executive director for lack of subject-matter jurisdiction.1 For the reasons that follow, the...

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