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CENTRAL STATES, SE & SW PEN. FUND v. NITEHAWK EXP.

Nos. 99-2698, 99-2539, 99-2629.

223 F.3d 483 (2000)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and Howard McDougall, Trustee, Plaintiffs-Appellees/Cross-Appellants, v. NITEHAWK EXPRESS, INC., Six Transfer, Inc., Interstate Express, Inc., Midwest Jobbers Terminals, Inc. and James LaCasse, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 2000.

Attorney(s) appearing for the Case

John J. Franczyk, Jr. (argued), Central States, Southeast & Southwest Areas Pension Fund, Rosemont, IL, for Plaintiff-Appellants.

Richard Kerwin, Chicago, IL, Andrew R. Clark (argued), Kalina, Wills, Woods, Gisvold & Clark, Minneapolis, MN, for Defendant-Appellees.

Before CUDAHY, MANION and DIANE P. WOOD, Circuit Judges.

CUDAHY, Circuit Judge.

I) BACKGROUND

In some industries, particularly those where jobs are "episodic," individual companies do not sponsor pension plans. See LANGBEIN & WOLK, PENSION AND EMPLOYEE BENEFIT LAW 57 (2d ed.). Instead, groups of firms in an industry make pension contributions to a joint, or multiemployer, pension plan. See id. In 1980, Congress passed the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA). See 29...

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