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CENTRAL STATES, SE AND SW v. PARAMOUNT LIQUOR

No. 99-1805.

203 F.3d 442 (2000)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and Howard McDougall, Trustee, Plaintiffs-Appellants, v. PARAMOUNT LIQUOR CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 2000

Attorney(s) appearing for the Case

Jon K. Stromsta, Des Plaines, IL, for plaintiff-appellant.

Patrick J. Whalen, Spencer, Fane, Britt & Browne, Kansas City, Mo, Jeremy J. Glenn, D'Ancona & Pflaum, Chicago, IL, for defendant-appellee.

Before COFFEY, EASTERBROOK, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

A multi-employer pension fund and an employer disagree about the employer's obligation, if any, for withdrawal liability. While the dispute was being arbitrated, see 29 U.S.C. § 1401(a)(1), the employer paid some of the disputed sums. 29 U.S.C. § 1399(c)(2). Eventually the arbitrator determined that the employer (Paramount Liquor Co.) is not liable, and that the Fund must repay what it has received. Both sides sought judicial...

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