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CENTRAL STATES, SE & SW PEN. v. BASIC AM. IND.

No. 00-3920.

252 F.3d 911 (2001)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al., Plaintiffs-Appellants, v. BASIC AMERICAN INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2001.

Attorney(s) appearing for the Case

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

Max W. Hittle (argued), Krieg, Devault, Alexander & Capehart, Indianapolis, IN, for Defendants-Appellees.

Before BAUER, POSNER, and COFFEY, Circuit Judges.

POSNER, Circuit Judge.

The Multiemployer Pension Plan Amendments Act, 29 U.S.C. §§ 1301 et seq., requires an employer that withdraws from a plan which is not overfunded to pay a "withdrawal liability" calculated to avoid shifting the cost of that employer's pension obligations to the other employers. E.g., Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co., 513 U.S. 414, 416-17, 115 S.Ct. 981...

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