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SPRAGUE v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST

No. 01-1501.

269 F.3d 811 (2001)

Gerald SPRAGUE, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, an employee pension benefit plan, and Ray Cash, Joe Orrie, Jerry Younger, George J. Westley, Howard McDougall, and Arthur H. Bunte, Jr., Individually, and as Trustees of Central States, Southeast and Southwest Areas Pension Fund, and United Parcel Service, Inc., an Ohio corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Thomas J. Duffey (argued), Duffey Law Office, Milwaukee, WI, for Plaintiff-Appellant.

Thomas C. Nyhan (argued), Central States, Southeast & Southwest Areas Pension Fund, Rosemont, IL, Glenn E. Butash, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for Defendants-Appellees.

Before FLAUM, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Gerald Sprague, a participant in the Central States, Southeast and Southwest Areas Pension Fund ("the Fund"), brought suit in the Northern District of Illinois, alleging that defendants violated the Employee Retirement Income Security Act ("ERISA") when they entered into an arrangement whereby UPS would agree to remain an employer-member of the Fund for a new five-year term, but would not contribute for the first five months of the term. Sprague...

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