CENTRAL STATES v. INDEPENDENT FRUIT & PRODUCE CO.

Nos. 89-1927 to 89-1929, 89-1933 to 89-1937, 89-2204 to 89-2210, 89-2438, 90-1160 to 90-1162, 89-2839 and 89-2840.

919 F.2d 1343 (1990)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. INDEPENDENT FRUIT AND PRODUCE CO., a Missouri corporation, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. Walter A. RUBIN, d/b/a M.J.M. Produce Exchange, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. SUGAR RIPE BANANA COMPANY, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. N.E. FRIEDMEYER-SELLMEYER DISTRIBUTING COMPANY, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. Salvatore PUPILLO, d/b/a Pupillo Fruit Company, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. GEORGE A. HEIMOS PRODUCE COMPANY, INC., Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. WILLIAM MANTIA FRUIT COMPANY, INC., Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. ST. LOUIS BANANA AND TOMATO COMPANY, INC., Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. LAMPERSON FRUIT & PRODUCE COMPANY, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. LOMBARDO FRUIT AND PRODUCE COMPANY, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. JOHN MOON PRODUCE COMPANY, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. STANLEY PRODUCE, INC., Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. Robert JOHNSON, d/b/a J. Johnson, Fruit & Produce Company, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. Adolph A. SOLOMON and Irl S. Solomon, statutory trustees for Adolph & Ceresia Produce Co., Appellees. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. UNITED FRUIT & PRODUCE COMPANY, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. GOLDMAN FRUIT & PRODUCE CO., INC., Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. Jules J. SCHWARTZ and Joseph F. Schwartz, d/b/a New Market Produce Company, Appellees. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. FRANKLIN PRODUCE COMPANY, a Missouri Corporation, Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellants, v. MARSKE PRODUCE COMPANY, INC., Appellee. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellees, v. GEORGE A. HEIMOS PRODUCE CO., INC., Appellant. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Appellees, v. N.E. FRIEDMEYER-SELLMEYER DISTRIBUTING COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1990.


Attorney(s) appearing for the Case

Albert M. Madden, Margaret M. Fahrenbach, Neal S. Deodhar, Rosemont, Ill., for appellants.

Mark Pasewark, St. Louis, Mo., for appellee.

Before FAGG and BEAM, Circuit Judges, and WOODS, District Judge.


BEAM, Circuit Judge.

In this consolidated appeal, Central States, Southeast and Southwest Areas Pension Fund (Central States) appeals from judgments entered in favor of defendants-employers. Pursuant to sections 502 and 515 of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1132, 1145 (1988), Central States brought separate actions against more than twenty independent produce wholesalers to collect delinquent pension contributions. Central States...

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