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CENTRAL STATES PENSION FUND v. SHERWIN-WILLIAMS

Nos. 95-1952 & 95-2028.

71 F.3d 1338 (1995)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Plaintiff-Appellant, Cross-Appellee, v. The SHERWIN-WILLIAMS COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1995.

Attorney(s) appearing for the Case

Terence G. Craig, James P. Condon (argued), Bruce L. Perlin, Central States, Southeast & Southwest Area Pension Fund, Rosemont, IL, for Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall.

Mitchell A. Orpett, Tribler & Orpett, Chicago, IL, Harold H. Reader, Ronald A. Kahn (argued), Patricia A. Shlonsky, Ulmer & Berne, Cleveland, OH, for Sherwin-Williams Company.

Before EASTERBROOK, KANNE, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Between 1987 and 1990 a subsidiary of The Sherwin-Williams Company owned 100% of the stock of Lyons Group, a motor carrier. Lyons was a losing proposition for Sherwin-Williams (as we call the firm and its subsidiaries, collectively), which not only lost money on operations but also sold the stock for less than it paid. The Central States Pension Fund, a multi-employer fund to which Lyons contributed, believes that the price Sherwin-Williams...

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