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BANNER INDUSTRIES v. CENTRAL STATES PENSION FUND

Nos. 87-1700, 87-1959, 87-1960 and 87-2794.

875 F.2d 1285 (1989)

BANNER INDUSTRIES, INC., Plaintiff Counterdefendant-Appellant, Cross-Appellee, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and its present Trustees in their capacity as Trustees, et al., Defendants Counterplaintiffs-Appellees, Cross-Appellants, and Pepsico, Inc., et al., Defendants.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1989.

Rehearing and Rehearing Denied July 20, 1989.

Attorney(s) appearing for the Case

Thomas D. Yannucci, Kirkland & Ellis, Washington, D.C., for plaintiff counterdefendant-appellant, cross-appellee.

Rodney F. Page, Arent Fox Kintner Plotkin & Kahn, Peter H. Gould, Pension Benefit Guar. Corp., Office of General Counsel, Washington, D.C., for defendants counter-plaintiffs-appellees, cross-appellants.

Before FLAUM, MANION and KANNE, Circuit Judges.

Rehearing and Rehearing In Banc Denied July 20, 1989.

MANION, Circuit Judge.

Banner Industries, Inc. (Banner) brought this action against Central States, Southeast and Southwest Areas Pension Fund (Central States), among others. Banner sought a declaration that it not be liable for any portion of a demand for withdrawal liability made upon Banner by Central States pursuant to the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. § 1382 (MPPAA...

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