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CENTRAL STATES PENSION FUND v. MELODY FARMS, INC.

No. 94-72846.

969 F.Supp. 1034 (1997)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a Pension Trust, and Howard McDougall, a Present Trustee, Plaintiffs, v. MELODY FARMS, INC., a Michigan Corporation, a/k/a Sterling Capital Services, Melody Farms, Melody Farms Dairy, Sta-Fresh Dairies, Richardson Farm Dairy, Melody Distributing, Melody Foods; Ira Wilson & Sons Dairy Company, a Michigan Corporation; Lakeside Food Products, Inc., a Michigan Corporation; Sweldon Ltd., a Michigan Corporation, a/k/a Americo Enterprises, Americo Group, American Commercial Enterprises, and American Commercial Group; Lansing Dairy, Inc., a Michigan Corporation; Metro-Detroit Investment Company, a Michigan Corporation; Sexton Dairy Company, a Michigan Corporation; Megon, Ltd., a Michigan Corporation; George & George, Michael J. George, and Sharkey T. George, Individually, Jointly and Severally, Defendants.

United States District Court, E.D. Michigan, Southern Division.

July 8, 1997.

Attorney(s) appearing for the Case

Daniel G. Kielczewski, Gene J. Esshaki, Carl F. Jarboe, Abbott, Nicholson, Quilter, Esshaki & Youngblood, P.C., Detroit, MI, for Wilson Defendants.

Donald R. Day, Cummings, McClorey, Davis, Acho & Day, Phoenix, AZ, for Melody Defendants.

Russell N. Luplow, David A. Sawyer, David Machnaki, Law Offices of Russell N. Luplow, Birmingham, MI, for Plaintiffs.

MEMORANDUM OPINION AND ORDER

GILMORE, District Judge.

I.

The present case is an action for the collection of delinquent liability payments, interest, and penalties incurred by an employer as a result of its withdrawal from a multiemployer pension plan. It arises under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29...

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