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CENTRAL STATES PENSION FUND v. NAVCO

Nos. 92-1968, 92-2295 and 92-2923.

3 F.3d 167 (1993)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al., Plaintiffs-Appellants, v. NAVCO and William L. Caldwell, III, Defendants-Appellees. CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND, et al., Plaintiffs-Appellants, v. NAVCO and William L. Caldwell, III, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1993.

Rehearing and Suggestion for Rehearing Denied September 20, 1993.

Attorney(s) appearing for the Case

Terence G. Craig (argued), Central States, Southeast & Southwest Area Pension Fund, Law Dept., Rosemont, IL, David A. Sawyer, Russell N. Luplow, and David Machnacki, Russell N. Luplow, P.C., Bloomfield Hills, MI, and Joseph M. Burns, and David S. Allen (argued), Jacobs, Burns, Sugarman & Orlove, Chicago, IL, for plaintiffs-appellants.

Edward T. Joyce, Paul A. Castiglione, Richard S. Reizen (argued) and Deborah I. Prawiec, Kubasiak, Cremieux & Fylstra, Chicago, IL, for defendants-appellees.

Before BAUER, Chief Judge, and COFFEY and EASTERBROOK, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 20, 1993.

EASTERBROOK, Circuit Judge.

During the fall of 1983 United States Bedding Company and The Englander Company filed petitions in bankruptcy. Both firms had been making contributions to multiemployer pension plans; they completely withdrew from these plans in January 1984. The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) permits an underfunded multiemployer pension plan to...

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