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BANNER INDUS. v. CENTRAL, ETC., AREAS PENSION FUND

No. 86 C 3046.

663 F.Supp. 1290 (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.

April 10, 1987.

Attorney(s) appearing for the Case

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

Neil Quinn, Richard Waris, Mary Anne Capron, Pretzel & Stouffer, Chtd., 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., John R. Climaco, John Masters, John A. Peca, Jr., Thomas L. Colaluca, Climaco Climaco Seminatore, Lefkowitz & Garofoli, Cleveland, Ohio, for defendants.

ORDER

PLUNKETT, District Judge.

In a memorandum opinion and order dated March 25, 1987, 657 F.Supp. 875, this court dismissed Count I of Banner Industries' complaint and referred the issues raised in Count I to arbitration. The court also held that Banner had not waived its right to initiate arbitration.

At a hearing before the court on March 27, 1987, Banner and Central States each sought certification of an...

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