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CONTINENTAL CAN v. CHICAGO TRUCK DRIVERS, ET AL.

No. 89-3759.

916 F.2d 1154 (1990)

CONTINENTAL CAN COMPANY, INC., Plaintiff-Appellant, v. CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Charles R. McKirdy, Matthew R. McArthur, Pope, Ballard, Shepard & Fowle, Chicago, Ill., for plaintiff-appellant.

Joseph M. Burns, Stephen B. Horwitz, Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., for defendant-appellee.

Before FLAUM, EASTERBROOK and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Would a company whose customer paid 50.1% of the bill think it had received "substantially all" of the price? Not likely. Nonetheless, Continental Can Company insists that when a majority of a pension fund's assets come from firms engaged in the trucking business, contributing employers qualify for a treatment that is available only if "substantially all of the contributions required under the plan are made by employers primarily engaged...

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