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CENTRAL STATES, S.E. & S.W. v. GENERAL MATERIALS

Nos. 07-1392, 07-1473.

535 F.3d 506 (2008)

CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS PENSION FUND; Howard McDougall, Plaintiffs-Appellants/Cross-Appellees, v. GENERAL MATERIALS, INCORPORATED, dba Wholesale Materials Company, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2008.

Attorney(s) appearing for the Case

ARGUED: Albert M. Madden, Rosemont, Illinois, for Appellants. Richard C. Lindsey, Jr., Marcoux, Allen, Abbott, Schomer, Bower, Nichols, Kendall & Lindsey, P.C., Jackson, Michigan, for Appellee. ON BRIEF: Albert M. Madden, Rosemont, Illinois, for Appellants. Richard C. Lindsey, Jr., Marcoux, Allen, Abbott, Schomer, Bower, Nichols, Kendall & Lindsey, P.C., Jackson, Michigan, for Appellee.

Before: DAUGHTREY, COOK, and FARRIS, Circuit Judges.

OPINION

COOK, Circuit Judge.

Plaintiff Central States Pension Fund (the "Fund") and a representative trustee appeal the district court's grant of summary judgment for defendant employer General Materials ("General") on the Fund's claim for overdue pension payments. We affirm, holding that General's duty to contribute to the Fund ended with the expiration of the collective bargaining agreement ("CBA") referenced in the correlating Participation Agreement...

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