TRUSTEES OF CHICAGO TRUCK DRIVERS v. RENTAR IND.

Nos. 90-3214, 90-3473.

951 F.2d 152 (1991)

TRUSTEES OF THE CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND, Plaintiff-Appellee, v. RENTAR INDUSTRIES, INCORPORATED, Ratner Enterprises, Incorporated and Rentar Trailer and Container, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 1991.


Attorney(s) appearing for the Case

Joseph M. Burns, David S. Allen (argued), Karen I. Engelhardt, Jacobs, Burns, Sugarman & Orlove, Vincent D. Pinelli, Edward J. Burke, Mary P. Burns, Burke, Smith & Williams, Chicago, Ill., for plaintiff-appellee.

Arnold L. Burke (argued), Siegan, Barbakoff & Gomberg, David R. Kugler, Daniel Kuznetsky, Kugler, Deleo & D'Arco, Chicago, Ill., for defendants-appellants.

Before COFFEY and FLAUM, Circuit Judges, and ENGEL, Senior Circuit Judge.


ENGEL, Senior Circuit Judge.

Rentar appeals from denial of its motion for a hearing to demonstrate irreparable harm resulting from an order compelling interim payment of ERISA withdrawal liability. 29 U.S.C. § 1399(c)(2). The sole issue before us is whether the magistrate had discretion to grant relief from the seemingly inflexible requirement under 29 U.S.C. § 1399(c)(2) that an allegedly withdrawing employer make interim payments pending arbitration on...

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