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CENTRAL STATES PENSION FUND v. WINTZ PROPERTIES

No. 98-1008.

155 F.3d 868 (1998)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougal, trustee, Plaintiffs-Appellees, v. WINTZ PROPERTIES, INC., a Minnesota corporation, Defendant-Appellant, and George L. Wintz, individually and as president of Wintz Properties, Incorporated, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1998.

Attorney(s) appearing for the Case

Robert A. Coco, James P. Condon, John J. Franczyk, Jr. (argued), Central States SE & SW Areas Health, Welfare & Pension Funds, Rosemont, IL; Thomas M. Weithers, Central States Law Department, Des Plaines, IL, for Plaintiffs-Appellees.

Ronald J. Kramer (argued), William J. Factor (argued), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Defendant-Appellant & Appellant.

Before FLAUM, MANION, and DIANE P. WOOD, Circuit Judges.

MANION, Circuit Judge.

Wintz Properties, a business belonging to a multiemployer pension fund under ERISA, withdrew from the Central States, Southeast and Southwest Areas Pension Fund, but failed to pay the accompanying withdrawal liability required by the statute. That prompted the Fund to sue Wintz in federal court over the nonpayment; the district court ordered Wintz to pay. Still Wintz failed to make payment, choosing instead to pay other creditors. The continued...

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