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CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. CHATHAM PROPERTIES

No. 89-1451.

929 F.2d 260 (1991)

CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Howard McDougall, Representative Trustee, Plaintiffs-Appellees, Board of Trustees, Michigan United Food and Commercial Workers Union and Food Employers Joint Pension Fund, Intervenor Plaintiff-Appellee, v. CHATHAM PROPERTIES, a Michigan Corporation, Royal Distributing Company, a Michigan Corporation, Leeds Properties, a Michigan Corporation, Blue and White Express of Michigan, Inc., a Michigan Corporation, Market Properties, Inc., a Michigan Corporation, Markets Unlimited, Inc., a Michigan Corporation, Defendants-Appellants. Regal Insurance Company, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1991.

Attorney(s) appearing for the Case

Russell N. Luplow, Elizabeth Roberto, Bloomfield Hills, Mich., Thomas J. Angell, Central States, Southeast & Southwest Areas Health & Welfare & Pension Funds, Terence G. Craig (argued), Central States Law Dept., Rosemont, Ill., for plaintiffs-appellees.

Theodore Sachs, Irvin Mark Steckloff, Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, Detroit, Mich., Thomas J. Angell, Rosemont, Ill., for intervenor-plaintiff-appellee.

Dennis S. Kayes, Kay A. Standridge, Pepper, Hamilton & Scheetz, Detroit, Mich., John J. Bobrowski (argued), Dykema, Gossett, Spencer, Goodnow & Trigg, Bloomfield Hills, Mich., for defendants-appellants.

Before KEITH and NELSON, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

The defendants-appellants, Chatham Properties, Royal Distributing Co., Leeds Properties, Blue and White Express of Michigan, Inc., Market Properties, Inc., and Markets Unlimited, Inc., all subsidiaries of the bankrupt Nu-Trax, Inc., appeal the district court's grant of summary judgment in favor of the plaintiffs-appellees, two multiemployer pension funds. Because of the bankruptcy of their parent corporation, the appellants claim...

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