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SHERWIN-WILLIAMS v. CENT. STATES, S.E. & S.W. AREAS

No. 91 C 5443.

787 F.Supp. 136 (1992)

The SHERWIN-WILLIAMS COMPANY, Plaintiff, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant.

United States District Court, N.D. Illinois, E.D.

February 14, 1992.

Attorney(s) appearing for the Case

Philip R. King, Mitchell Alan Orpett, Tribler & Orpett, Chicago, Ill., for plaintiff.

Terence George Craig, James Patrick Condon, Central States Law Dept., Rosemont, Ill., for defendant.

MEMORANDUM OPINION

GRADY, District Judge.

This action, attacking § 104(2) of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. §§ 1381-1461, on procedural due process grounds, comes before the court on plaintiff's motion for summary judgment and defendant's cross motion to dismiss, or in the alternative, to stay proceedings pending arbitration. Plaintiff's motion for summary judgment is denied and defendant's motion...

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