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CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. MIDWEST MOTOR EXP., INC.

No. 94 C 2561.

999 F.Supp. 1153 (1998)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a pension trust, and Howard McDougall, trustee, Plaintiffs, v. MIDWEST MOTOR EXPRESS, INC., MME, Inc., Midnite Express, Inc. and Express Cartage, Inc., North Dakota corporations, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 30, 1998.

Attorney(s) appearing for the Case

James P. Condon, Des Plaines, IL, for Plaintiffs Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall.

Hervey H. Aitken, Jr., Roy A. Sheetz, Taylor Thiemann & Aitken, L.C., Alexandria, VA, Jeffrey L. Madoff, Matkov, Salzman, Madoff & Gunn, Chicago, IL, for Defendants Midwest Motor Express, Inc., MME, Inc., Midnite Express, Inc., and Express Cartage, Inc.

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

Plaintiffs bring this action under the Employment Retirement Security Act of 1974, ("ERISA"), 29 U.S.C. § 1001 et seq., as amended by the Multiemployer Pension Plan Amendments Act of 1980 (the "MPPAA"), 29 U.S.C. § 1381, et seq. Plaintiffs, Central States, Southeast and Southwest Areas Pension Fund ("Central States") and Howard McDougall, seek to collect withdrawal liability payments...

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