TRANSPERSONNEL, INC. v. ROADWAY EXP., INC.

No. 04-2321.

422 F.3d 456 (2005)

TRANSPERSONNEL, INC., Plaintiff-Appellee, v. ROADWAY EXPRESS, INC., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 2005.


Attorney(s) appearing for the Case

Mark A. Spognardi, Phillip M. Schreiber (argued), Holland & Knight, Chicago, IL, for Plaintiff-Appellee.

James H. Hanson (argued), Scopelitis, Garvin, Light & Hanson, Indianapolis, IN, for Defendant-Appellant.

Before KANNE, EVANS, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

This is an action for declaratory judgment pursuant to 28 U.S.C. § 2201 by Transpersonnel, Inc., an employer of truck drivers, against Roadway Express, Inc., a motor carrier that leased drivers from Transpersonnel. The two-count complaint sought judicial declarations that: (1) Roadway was an "employer" of the leased drivers for purposes of potential withdrawal liability under a multiemployer pension plan governed by the Employee Retirement...

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