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TRUCK DRIVERS UNION v. TASEMKIN, INC.

No. 94-3316.

59 F.3d 48 (1995)

CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND, et al., Plaintiffs-Appellants, v. TASEMKIN, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Joseph M. Burns, David S. Allen (argued), Jacobs, Burns, Sugarman & Orlove, Chicago, IL, for Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund, Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Health and Welfare Fund, George Ossey, Anthony Cullotta, John Broderick, William Carpenter, Fred Boudreau, H. Edward Barnicle, J. Donald Ryan.

Michael S. Blazer, Martin D. Tasch (argued), Harvey J. Barnett, John A. Fritchey, IV, Barnett, Bornstein & Blazer, Chicago, IL, for Tasemkin, Incorporated.

Before CUMMINGS and KANNE, Circuit Judges, and WALTER, District Judge.

CUMMINGS, Circuit Judge.

Tasemkin Furniture Company, Inc. ("Old Tasemkin") went belly-up, but not before allegedly running up over $300,000 in delinquent pension fund payments and ERISA withdrawal liability from plaintiffs, the Chicago Truck Drivers, Helpers and Warehouse Workers Union Pension Fund (the "Fund"). The Fund attempted to recover on its claim in the Chapter 7 liquidation proceeding that followed, to no avail. Old Tasemkin had entered into a debt compromise...

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