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CENTRAL STATES, ET AL., PENSION F. v. PYA/MONARCH

No. 87-1808.

851 F.2d 780 (1988)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and Howard McDougall, Trustee, Plaintiffs-Appellants, v. PYA/MONARCH OF TEXAS, INC., PYA/Monarch, Inc. and Sysco Food Services of Austin, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 11, 1988.

Attorney(s) appearing for the Case

Roger Albright, Mullinax, Wells, Baab & Cloutman, Dallas, Tex., for plaintiffs-appellants.

Christopher A. Knepp, McGinnis, Lockridge & Kilgore, Austin, Tex., for: Pya/Monarch.

Neil Martin, Fulbright & Jaworski, Houston, Tex., for Sysco Food Services.

Before WISDOM, GEE, and JONES, Circuit Judges:

EDITH H. JONES, Circuit Judge:

The district court granted summary judgment to appellees, PYA/Monarch of Texas and Sysco Food Services of Austin, absolving them of responsibility to contribute to the pension fund on behalf of workers in Teamsters Local Union 657 during the 6-month period after PYA/Monarch sold its Austin operation to Sysco and before Sysco agreed to contribute. The pension fund appeals. Finding no error of law by the district court and having no factual...

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