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CENTRAL STATES, SE & SW AREAS PENSION FUND v. CREATIVE DEVELOPMENT CO.

No. 96-30570.

232 F.3d 406 (2000)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a pension trust; and Marion M. Winstead; R. Jerry Cook; Howard McDougall; Robert J. Baker; R.V. Pulliam, Sr.; Arthur H. Bunte, Jr.; Harold D. Leu, present trustee, and Raymond Cash, present trustee, Plaintiffs-Appellants-Cross-Appellees, v. CREATIVE DEVELOPMENT COMPANY, a Louisiana Partnership, Terry Smith, partner; Sandra Theriot Smith, partner; Jack Rome, Jr., partner; Suzanne McCraine Rome, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

November 1, 2000.

Attorney(s) appearing for the Case

David A. Sawyer (argued), David Machnacki, Birmingham, MI, for Plaintiffs-Appellants-Cross-Appellees.

J. David Forsyth, Sessions & Fishman, New Orleans, LA, for Central States, Southeast and Southwest Areas Health and Welfare Fund and Southeast and Southwest Areas Pension Fund.

Robert Elton Arceneaux, Mack E. Barham, Barham & Arceneaux, New Orleans, LA, for Defendants-Appellees-Cross-Appellants.

Before HIGGINBOTHAM, WIENER and DENNIS, Circuit Judges.

WIENER, Circuit Judge.

Plaintiffs/Appellants/Cross-Appellees Central States, Southeast and Southwest Areas Pension Fund, a multiemployer pension fund, and its trustees (collectively "Central States"), appeal from the district court's judgment that dismissed Central States's pension plan withdrawal liability claims against Defendants/Appellees/Cross-Appellants Creative Development Company ("Creative Development"), a Louisiana partnership, and its partners,, Terry Smith...

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