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CENTRAL STATES, SE & SW v. MIDWEST MOTOR EXPRESS

Nos. 98-2512, 98-2588.

181 F.3d 799 (1999)

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

United States Court of Appeals, Seventh Circuit.

Decided June 9, 1999.

Attorney(s) appearing for the Case

James P. Condon (argued), Central States SE & SW Areas Health, Welfare & Pension Funds, Rosemont, IL, for Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall.

Jeffrey L. Madoff, Matkov, Salzman, Madoff & Gunn, Chicago, IL, Hervey H. Aitken, Jr. (argued), Taylor, Thiemann & Aitken, Alexandria, VA, for Midwest Motor Express, Inc., MME, Inc., Midnite Express, Inc. and Express Cartage, Inc.

Before CUMMINGS, BAUER, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

The defendants, primarily attacking with broad constitutional principles, are here contesting a huge bill they received in this ERISA case. The plaintiffs not only defend the big bill but seek to jack it up a tad or two. We start by introducing the parties and explaining the intricacies of their claims and defenses.

Midwest Motor Express, Inc. and its affiliates, MME, Inc., Midnite Express, Inc., and Express Cartage, Inc. ...

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