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MILITELLO v. CENTRAL STATES, SE AND SW AREAS

No. 02-3058.

360 F.3d 681 (2004)

Anthony J. MILITELLO, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and the Board of Trustees of the Central States, Southeast and Southwest Areas Pension Fund, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 3, 2004.

Rehearing and Rehearing Denied April 2, 2004.

Attorney(s) appearing for the Case

Konrad Kuczak (argued), Dayton, OH, for Plaintiff-Appellant.

Craig G. Penrose, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, Charles H. Lee (argued), Central States Law Department, Rosemont, IL, for Defendants-Appellees.

Before RIPPLE, EVANS, and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 2, 2004.

WILLIAMS, Circuit Judge.

As a retired truck driver, Anthony J. Militello received pension benefits from the Central States, Southeast and Southwest Areas Pension Fund ("the Fund"). After learning that Militello ran his own trucking company, the Fund's Board of Trustees ("the Trustees") suspended his benefits and sent him a benefits denial letter. Militello sued...

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