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CENTRAL STATES PENSION FUND v. ROBINSON CARTAGE CO.

No. 94-3321.

55 F.3d 1318 (1995)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a pension trust, and Howard McDougall, trustee, Plaintiffs-Appellees, v. ROBINSON CARTAGE COMPANY, a Michigan Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 30, 1995.

Attorney(s) appearing for the Case

Terence G. Craig (argued), James P. Condon, Central States, Southeast & Southwest Area Pension Fund, Law Dept., Rosemont, IL, for plaintiffs-appellees Central States, Southeast and Southwest Areas Pension Fund, a pension trust, and Howard McDougall, trustee.

Robert L. DeJong, Stephen J. Mulder (argued), Dale R. Rietberg, Clary, Nantz, Wood, Hoffius, Rankin & Cooper, Grand Rapids, MI, for defendant-appellant Robinson Cartage Co., a Mich. corp.

Before FAIRCHILD, CUMMINGS and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

Robinson Cartage Company (Robinson) is a member of Central States Pension Fund (Central States or the Fund), a multi-employer pension plan governed by ERISA. In 1983, Central States assessed liability against Robinson for partial withdrawal from the Fund under ERISA, 29 U.S.C. § 1385(a). Robinson contested this assessment, claiming that it was immune from partial withdrawal liability under an exemption for construction industry employers...

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