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CENTRAL STATES PENSION FUND v. KROGER CO.

No. 95-1936.

73 F.3d 727 (1996)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, trustee, Plaintiffs-Appellants, v. The KROGER CO., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 1996.

Rehearing and Suggestion for Rehearing Denied March 1, 1996.

Attorney(s) appearing for the Case

Albert M. Madden (argued), Robert A. Coco, Patrick J. Connor, Central States, Southeast & Southwest Area Pension Fund, Rosemont, IL, for Plaintiffs-Appellants.

Kirk D. Messmer, Jeffrey L. Madoff (argued), Beth E. Koch, Matkov, Salzman, Madoff & Gunn, Chicago, IL, for Defendant-Appellee.

Before WOOD, Jr., COFFEY and RIPPLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 1, 1996.

RIPPLE, Circuit Judge.

Central States, Southeast and Southwest Areas Pension Fund ("the Fund" or "Central States") brought this action under § 515 of ERISA, 29 U.S.C. § 1145, against the Kroger Company ("Kroger"). The Fund claims that Kroger has not met its obligation to contribute to the Fund on behalf of certain Kroger employees. Kroger's obligation to make pension contributions...

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