CENTRAL STATES, S.E. & S.W. PENSION FUND v. PERSONNEL, INC.

No. 91-2392.

974 F.2d 789 (1992)

CENTRAL STATES, SOUTHEAST and SOUTHWEST PENSION FUND, a Pension Trust, and Marion M. Winstead, Robert C. Sansone, Robert J. Baker, Howard McDougall, Arthur H. Bunte, Jr., R. Jerry Cook, R.V. Pulliam, Sr. and Harold D. Leu, the present Trustees, Plaintiffs-Appellants, v. PERSONNEL, INC., a Wisconsin corporation, and Eugene Perrelle, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1992.


Attorney(s) appearing for the Case

Terence G. Craig, Neal S. Deodhar (argued), Timothy J. Frenzer, Central States, Southeast & Southwest Area Pension Fund, Law Dept., Rosemont, Ill., for plaintiffs-appellants.

Paul V. Esposito, Douglas A. Lindsay, Lewis, Overbeck & Furman, Chicago, Ill., Charles P. Stevens (argued), Lindner & Marsack, Milwaukee, Wis., for defendants-appellees.

Before POSNER and KANNE, Circuit Judges, and VAN SICKLE, Senior District Judge.


KANNE, Circuit Judge.

Under the Multiemployer Pension Plan Amendments Act ("MPPAA"), 29 U.S.C. §§ 1381 et seq., an employer which withdraws from a multi-employer pension plan is liable for its pro rata share of the plan's unfunded vested liability. See 29 U.S.C. § 1381. Central States, Southeast and Southwest Areas Pension Fund ("the Fund") brought this action against Personnel, Inc., a Wisconsin corporation, and Eugene Perrelle, the sole...

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