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BANNER INDUS. v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND

No. 86 C 3046.

657 F.Supp. 875 (1987)

BANNER INDUSTRIES, INC., Plaintiff/Counterdefendant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and its present Trustees in their capacity as Trustees, Defendants/Counterclaimants, and Pepsico, Inc., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

March 25, 1987.

Attorney(s) appearing for the Case

Roger L. Taylor, Kirkland & Ellis, Carl L. Taylor, Thomas D. Yannucci, Kenneth N. Bass, Kirkland & Ellis, Washington, D.C., for plaintiff/counterdefendant.

Neil Quinn, Richard Waris, Mary Anne Caproon, Pretzel & Stouffer, Chtd., Chicago, Ill., Deborah Fabricant, Stanley J. Adelman, Rudnick & Wolfe, Richard S. Huszagh, Edward J. Calihan, Jr., Chicago, Ill., Thomas C. Nyhan, Stanley J. Brown, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for defendants.

John R. Climaco, John Masters, John A. Peca, Jr., Thomas L. Colaluca, Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, Ohio, for former trustees.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Banner Industries, Inc. ("Banner") brought this action against, among others, Central States, Southeast and Southwest Areas Pension Fund ("Central States"), seeking a declaratory judgment that Banner is not liable to Central States for any portion of a demand for withdrawal liability1 in the amount of $19,808,781.43 made against Banner by Central States pursuant to §...

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