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CENTRAL STATES, ETC., PENSION FUND v. GERBER TRUCK SERVICE, INC.

No. 87-2480.

854 F.2d 1074 (1988)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a Pension Trust, and Central States, Southeast and Southwest Areas Health and Welfare Fund, a Health and Welfare Trust, Plaintiffs-Appellants, v. GERBER TRUCK SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1988.

Attorney(s) appearing for the Case

Albert M. Madden, Central States Law Dept., Chicago, Ill., for plaintiffs-appellants.

Ross A. Friedman, Susman Schermer Rimmel & Parter, St. Louis, Mo., for defendant-appellee.

Before WOOD, Jr., CUDAHY and RIPPLE, Circuit Judges.

CUDAHY, Circuit Judge.

This appeal is brought by certain health and welfare and pension funds seeking to extend the liability of a trucking company for benefit contributions on behalf of its "bargaining unit" employees. Contributions had been made for only three drivers who were union members retained from a company purchased by the employer's owner, as a sole proprietor, prior to incorporation of his company. The benefit funds also seek to extend the employer's liability...

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