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CENTRAL STATES, SE AND SW AREAS PEN. v. HUNT TRUCK

No. 01-2558.

296 F.3d 624 (2002)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Plaintiffs-Appellees, v. HUNT TRUCK LINES, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 2002.

Attorney(s) appearing for the Case

John J. Franczyk, Jr. (argued), Rosemount, IL, for Plaintiff-Appellee.

Jon K. Stromsta, Ravitz & Palles, Chicago, IL, for Howard McDougall.

Mark A. Spognardi, McBride, Baker & Coles, Chicago, Il, Hervey H. Aitken, Jr. (argued), Taylor, Thiemann & Aitken, Alexandria, VA, for Hunt Truck Lines, Inc.

Before MANION, KANNE, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

In 1994, Hunt Truck Lines, Inc. withdrew from the Central States, Southeast and Southwest Areas Pension Fund ("Central States"). Usually, this would give rise to withdrawal liability on Hunt's part under the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1381-1461 (the "MPPAA"). However, because Hunt sold its assets to another company, Wintz Parcel Drivers, Inc., Hunt did not face withdrawal liability provided that...

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