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CENTRAL STATES PENSION FUND v. MAHONING NAT. BANK

No. 96-3099.

112 F.3d 252 (1997)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; and Howard McDougall, Plaintiffs-Appellants, v. MAHONING NATIONAL BANK; Jeffrey Feldman; Sheldon Feldman; and Benjamin Reiff, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1997.

Attorney(s) appearing for the Case

L. Stewart Hastings, Hastings & Kerka, Cleveland, OH, David A. Sawyer (argued), David Machnacki (briefed), Law Office of Russell N. Luplow, Birmingham, MI, for plaintiffs-appellants.

Thomas M. Gacse (argued and briefed), Mahoning Nat. Bank of Youngstown, Youngstown, OH, Richard G. Smolev (argued and briefed), Craig T. Boggs, Sachoff & Weaver, Chicago, IL, Stuart A. Strasfeld, Roth, Blair, Roberts, Strasfeld & Logde, Youngstown, OH, for defendants-appellees.

Before: SILER and BATCHELDER, Circuit Judges; HULL, District Judge.

BATCHELDER, Circuit Judge.

Plaintiffs/Appellants appeal the order of the district court dismissing this action, which was brought to collect monies the plaintiffs claim that defendants owe to Central States multiemployer pension plan. For the following reasons, we AFFIRM the order of the district court.

I. FACTUAL BACKGROUND

Plaintiff, Central States, is an ERISA multiemployer pension plan and plaintiff...

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