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CENTRAL STATES, S.E. & S.W. v. JOE McCLELLAND, INC.

No. 93-2743.

23 F.3d 1256 (1994)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and Howard McDougall, Trustee, Plaintiffs-Appellees, v. JOE McCLELLAND, INC., doing business as OK Coal and Concrete Company, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1994.

Rehearing and Suggestion for Rehearing Denied June 6, 1994.

Attorney(s) appearing for the Case

Albert M. Madden (argued), Margaret M. Fahrenbach, Robert A. Coco, Central States, Southeast & Southwest Area Pension Fund, Law Dept., Rosemont, IL, for plaintiffs-appellees.

Robert P. Casey, Murphy, Smith & Polk, Chicago, IL, James E. Davidson (argued), Roger L. Sabo, Schottenstein, Zox & Dunn, Columbus, OH, for defendant-appellant.

Before CUMMINGS, COFFEY, and EASTERBROOK, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 6, 1994.

EASTERBROOK, Circuit Judge.

OK Coal and Concrete Company signed with the Teamsters Union a series of collective bargaining agreements promising to make pension contributions for "each employee covered by this Agreement who is and has been on the payroll thirty (30) days or more." Each of the agreements recognized the Teamsters as the exclusive bargaining agent for "all drivers, helpers, batch...

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