SLYE v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND

Nos. C2-95-1245, C2-96-163.

956 F.Supp. 1357 (1997)

Jack SLYE, et al., Plaintiffs, Schneider Tank Lines, Inc., et al., Intervening Plaintiffs, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, et al., Defendants. TEAMSTERS NAT'L FREIGHT INDUSTRY NEGOTIATING COMMITTEE, et al., Plaintiffs, v. SCHNEIDER TRANSPORT, INC., et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

February 14, 1997.


Attorney(s) appearing for the Case

David A. Kadela, Schottenstein, Zox & Dunn, Columbus, OH, for Jack Slye, Richard Spofford, George L. Wagner, Eugene A. Calewarts, Edward W. DeGordon, Jr., James Fermanich, Douglas E. Kuchenbecker and Gregory A. Majers.

Thomas W. Hill, Emens, Kegler, Brown, Hill & Ritter, Columbus, OH, Donald Havermann, Morgan, Lewis & Bockius, Washington, DC, Thomas C. Nyhan, James P. Condon, James D. O'Connell, Central States Southeast and Southwest Areas Health and Welfare Fund, Des Plaines, IL, for Robert J. Baker, Arthur H. Bunte, Jr., Ray Cash, Jerry R. Cook, Howard McDougall, Joe Orrie, R.V. Pulliam, Sr., Jerry Younger and Central States Southeast and Southwest Areas Health and Welfare Fund/Central States Southeast and Southwest Areas Pension Fund.

David J. Young, Roger D. Branigin, Michael R. Reed, Alan L. Briggs, Squire, Sanders & Dempsey, Columbus, OH, Thomas E. Vandenberg, Miles S. Mittelstadt, Schneider Tank Lines, Inc. and Schneider Transport, Inc., Green Bay, WI, Thomas M. Christina, Haynesworth, Baldwin, Johnson & Greaves, Greenville, SC, for Schneider Tank Lines and Schneider Transport.

Frederick Gerald Cloppert, Cloppert, Portman, Sauter, Latanick & Foley, Columbus, OH, Phillip R. Kete, International Brotherhood of Teamsters, Washington, DC, for Richard Kurowski, Richard Spofford, Teamsters Nat. Freight and Clement Wiley.

David J. Young, Squire, Sanders & Dempsey, Columbus, OH, for Schneider Nat. Bulk, Schneider Nat. Carrier, Schneider Nat., Inc., Schneider Tank Lines and Schneider Transport.

Thomas W. Hill, Emens, Kegler, Brown, Hill & Ritter, Columbus, OH, Donald Havermann, Harry Rissetto, Morgan, Lewis & Bockius, Washington, DC, for Central States Southeast and Southwest Areas Health and Welfare Fund/Central States Southeast and Southwest Areas Pension Fund.


OPINION AND ORDER

KEMP, United States Magistrate Judge.

The history of these consolidated actions is set forth in great detail in prior opinions and orders of this Court. Generally, these two cases were filed after the Trustees of the Central States Health and Welfare and Pension funds, believing that Schneider Tank Lines and Schneider Transport violated the Funds' rule against adverse actuarial selection by refusing to reinvigorate their covered...

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