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CENTRAL STATES, SE AND SW AREAS v. HUNT TRUCK

Nos. 99-1273, 99-2385.

204 F.3d 736 (2000)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and Howard McDougall, Plaintiffs-Appellants, v. HUNT TRUCK LINES, INC., an Iowa corporation, Defendant-Appellee. Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall, Plaintiffs-Appellants, v. Hunt Truck Lines, Inc., an Iowa corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 28, 2000

Attorney(s) appearing for the Case

Jon K. Stromsta (argued), Central State, Southeast & Southwest Areas Pension Fund, Des Plaines, IL, for Plaintiffs-Appellants.

Mark A. Spognardi, McBride, Baker & Coles, Chicago, IL, Hervey H. Aitken, Jr. (argued), Taylor, Thiemann & Aitken, Alexandria, VA, for defendant-appellee.

Before WOOD, Jr., FLAUM, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

This appeal consolidates two cases arising out of Hunt Truck Lines' refusal to make withdrawal liability payments to Central States under ERISA's multiemployer pension plan provisions. In the first case, Judge John Nordberg found that Central States' admittedly premature fee assessment precluded the court from ordering Hunt to make interim payments on its withdrawal liability while the underlying...

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