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M. HAYES LINES v. CENT. STATES, ETC., PENSION FUND

No. 85-5911.

814 F.2d 297 (1987)

MARVIN HAYES LINES, INC., Plaintiff-Appellee, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 20, 1987.

Attorney(s) appearing for the Case

R. Jan Jennings, Branstetter, Kilgore, Stranch, Jennings, Nashville, Tenn., Terence George Craig (argued), Chicago, Ill., Bruce Perlin, Louis F. Solimine, Cincinnati, Ohio, for defendant-appellant.

Robert H. Cowan (argued), Wade B. Cowan, Nashville, Tenn., for plaintiff-appellee.

Edward R. Mackiewicz, Baruch A. Fellner, J. Steven Caflisch (argued), Peter H. Gould, Kenton Hambrick, Pension Benefit Guaranty Corporation, Legal Department, Washington, D.C., for amicus, Pension Benefit Guaranty Corporation.

Before MARTIN, GUY and NORRIS, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

The plaintiff, Marvin Hayes Lines, Inc. (Hayes), is a motor common carrier operating in interstate commerce. The defendant, Central States Southeast and Southwest Areas Pension Fund (Fund), is a multiemployer pension plan within the definition of 29 U.S.C. § 1002(37) and 29 U.S.C. § 1381 et seq. Hayes had a collective bargaining agreement with Teamsters Freight Employees Local Union 480 of Nashville, Tennessee (Local...

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