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MICHIGAN UNITED FOOD & COM. WKRS. UNIONS v. MUIR CO.

No. 92-1725.

992 F.2d 594 (1993)

MICHIGAN UNITED FOOD AND COMMERCIAL WORKERS UNIONS AND DRUG AND MERCANTILE EMPLOYEES JOINT HEALTH AND WELFARE FUND, Plaintiff-Appellant, v. The MUIR COMPANY, INC., An Ohio Corporation; and Rite Aid Corporation, A Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Andrew Nickelhoff (briefed), Theodore Sachs (argued and briefed), Reginald M. Turner, Jr. (briefed), Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, Detroit, MI, for plaintiff-appellant.

William H. Fallon (argued and briefed), Miller, Johnson, Snell & Cumminskey, Grand Rapids, MI, for defendants-appellees.

Before: KENNEDY, MARTIN and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

Plaintiff Michigan United Food and Commercial Workers Unions and Drug and Mercantile Employees Joint Health and Welfare Fund appeals from the summary judgment for defendants, Muir Company, Inc. ("Muir"), and Rite Aid Corporation ("Rite Aid"), in this action to collect allegedly delinquent welfare funds contributions from defendants pursuant to the provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1132...

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