CENTRAL STATES PENSION FUND v. CENTRAL CARTAGE CO.

No. 95-2406.

84 F.3d 988 (1996)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Central States, Southeast and Southwest Areas Health and Welfare Fund and Howard McDougall, Trustee, Plaintiffs-Appellees, v. CENTRAL CARTAGE COMPANY, a Michigan Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 28, 1996.


Attorney(s) appearing for the Case

Albert M. Madden and Thomas M. Weithers (argued), Central States, Southeast & Southwest Areas Pension Fund, Rosemont, IL, for Plaintiffs-Appellees.

Grady B. Murdock, Jr., Neal & Associates, Chicago, IL, Patrick A. Moran (argued), Scott T. Stirling and Eric A. Parzianello, Evans & Luptak, Detroit, MI, for Defendant-Appellant.

Before COFFEY, MANION and KANNE, Circuit Judges.


COFFEY, Circuit Judge.

Central States, Southeast and Southwest Areas Pension Fund (collectively the "Pension Fund") filed suit against Central Cartage Company pursuant to section 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1145, claiming that Central Cartage had failed to fulfill its contractual obligation to pay employer contributions to the plaintiffs' pension fund. Nearly a year after the suit was filed, Central Cartage moved to...

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