ROBBINS v. LADY BALTIMORE FOODS, INC.

Nos. 87-2753, 88-1280 and 88-1652.

868 F.2d 258 (1989)

Loran W. ROBBINS, et al., Plaintiffs-Appellees, v. LADY BALTIMORE FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 1989.


Attorney(s) appearing for the Case

James G. Baker, Spencer, Fane, Britt & Browne, Kansas City, Mo., for defendant-appellant.

Terence G. Craig, Central States Law Dept., Chicago, Ill., for plaintiffs-appellees.

Before WOOD, Jr. and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


KANNE, Circuit Judge.

The defendant, Lady Baltimore Foods, Inc. ("Lady Baltimore"), appeals the district court's grant of summary judgment in favor of the plaintiffs, the trustees of the Central States, Southeast and Southwest Areas Pension Fund ("Pension Fund"). Specifically, Lady Baltimore challenges the district court's decision that 29 U.S.C. § 1461(h)(1) was unconstitutional. This statute purported to exempt Lady Baltimore from withdrawal liability under...

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