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CENTRAL STATES, HEALTH & WELFARE FUND v. BORDEN

No. 88 C 7340.

736 F.Supp. 788 (1990)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND and Howard McDougall, Trustee, Plaintiffs, v. BORDEN, INC., a New Jersey Corporation, Defendant and Third-Party Plaintiff, v. LOCAL UNIONS NOS. 89, 135, 144 AND 215, et al., Third-Party Defendants.

United States District Court, N.D. Illinois, E.D.

January 31, 1990.

Attorney(s) appearing for the Case

Albert M. Madden and Constance M. Borek, Cent. States Law Dept., Rosemont, Ill., for plaintiffs.

John G. Levi and Brian J. Gold, Sidley & Austin, Chicago, Ill., for defendant and third-party plaintiff.

Marvin Gittler, Asher, Pavalon, Gittler & Greenfield, Chicago, Ill., and Frederick W. Dennerline, III, Fillenwarth, Dennerline, Groth & Baird, Indianapolis, Ind., for third-party defendants Local Unions Nos. 89, 135, 144 and 215.

ORDER

NORGLE, District Judge.

Before the court is the motion of plaintiffs and counter-defendants, Central States, Southeast and Southwest Areas Health and Welfare Fund and Howard McDougall, Trustee (hereinafter collectively "Central States") to dismiss the counterclaim and counts I through IV of the third-party complaint of defendant and counter-plaintiff, Borden, Inc. It involves issues of preemption of state law claims, implication of causes of action...

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