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CENT. STATES, SE AND SW v. O'NEILL BROS. TRANSFER

No. 07 C 5220.

553 F.Supp.2d 957 (2008)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Plaintiffs, v. O'NEILL BROS. TRANSFER & STORAGE CO., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

April 2, 2008.

Attorney(s) appearing for the Case

Thomas Maurice Weithers, John Joseph Franczyk, Jr., Laura Beth Bacon, Rathna Rodgers, Central States Law Department, Rosemont, IL, for Plaintiffs.

Kenneth M. Snodgrass, Jr., Goldsworthy, Fifield & Hasselberg, Peoria, IL, for Defendant.

MEMORANDUM OPINION

SAMUEL DER-YEGHIAYAN, District Judge.

This matter is before the court on Defendants' motion to dismiss. For the reasons stated below, we deny the motion to dismiss.

BACKGROUND

Plaintiff Central States, Southeast and Southwest Areas Pension Fund ("Central") and Plaintiff Howard McDougall ("McDougall") (collectively referred to as "Fund") allege that Central is a multi-employer pension plan as defined under the Employee...

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