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CHICAGO COUNCIL OF CARPENTERS v. SUNSHINE CARPET

No. 93 C 4012.

866 F.Supp. 1113 (1994)

CHICAGO DISTRICT COUNCIL OF CARPENTERS PENSION FUND, Chicago District Council of Carpenters Welfare Fund, and the Chicago and Northeast Illinois District Council of Carpenters Apprentice and Trainee Program Fund, Plaintiffs, v. SUNSHINE CARPET SERVICES, INC., and TCB Carpet Services, Inc., Dale Davis, Diane Davis, and Lexington Homes, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

October 31, 1994.

Attorney(s) appearing for the Case

Collins Parkin Whitfield, Terrance Bryan McGann, Joseph Patrick Berglund, Daniel Paul McAnally, John Stephen O'Donnell, Hugh J. McCarthy & Associates, Ltd., Chicago, IL, for Chicago Dist. Council of Carpenters Pension Fund, Chicago Dist. Council of Carpenters Welfare Fund, Chicago and Northeast Illinois Dist. Council of Carpenters Apprentice and Trainee Program Fund.

Robert Patrick Casey, Carol A. Poplawski, Murphy, Smith & Polk, Chicago, IL, for Sunshine Carpet Services, Inc., TCB Carpet Services, Inc., Dale Davis, Diane Davis and Dan Davis.

Steven Jay Teplinsky, Donald Joseph Vogel, Fagel & Haber, Sheryl C. Allenson, Fagel & Haber, Chicago, IL, for Lexington Homes.

Peter J. Miller, Donald Naylor Wilson, Robbins, Salomon & Patt, Ltd., Chicago, IL, for Tracy Group Inc. and Koeckritz Intern., Inc.

OPINION AND ORDER

NORGLE, District Judge:

Before the court are the parties' cross motions for summary judgment. For the following reasons, the cross motions are, respectively, granted in part and denied in part.

FACTS1

This suit concerns the liability for contribution payments which plaintiffs claim defendants owe as a part of an agreement with the Carpenter's Union and under the Employee Retirement...

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