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CENTRAL STATES, AREAS PENSION FUND v. KROGER CO.

Nos. 99-3014, 99-2257.

226 F.3d 903 (2000)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Plaintiffs-Appellees, v. KROGER COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 2000

Attorney(s) appearing for the Case

Albert M. Madden (argued), Robert A. Coco, Central States, Southeast and Southwest Areas Pension Fund, Rosemont, IL, for Plaintiffs-Appellees.

Jeffrey L. Madoff (argued), Matkov, Salzman, Madoff & Gunn, Chicago, IL, for Defendant-Appellant

Before WOOD, Jr., COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Central States, Southeast and Southwest Areas Pension Fund (the "Fund") brought this action under § 515 of ERISA, 29 U.S.C. § 1145, against the Kroger Co. ("Kroger") to recover delinquent pension contributions for certain employees at Kroger's warehouse center in Atlanta, Georgia. Kroger's obligation to make these contributions is defined by a Collective Bargaining Agreement ("CBA") negotiated by Kroger and the union representing the...

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