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CENTRAL STATES PENSION v. INTERNATIONAL COMFORT PRODUCTS

No. 08-5949.

585 F.3d 281 (2009)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and Howard McDougall, Trustee, Plaintiffs-Appellants, v. INTERNATIONAL COMFORT PRODUCTS, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 23, 2009.

Attorney(s) appearing for the Case

ARGUED: John Joseph Franczyk, Jr., Central States Law Department, Rosemont, Illinois, for Appellants. Lee T. Polk, Barnes & Thornburg LLP, Chicago, Illinois, for Appellee. ON BRIEF: John Joseph Franczyk, Jr., Anthony E. Napoli, Central States Law Department, Rosemont, Illinois, for Appellants. Lee T. Polk, Barnes & Thornburg LLP, Chicago, Illinois, Bart A. Karwath, Barnes & Thornburg LLP, Indianapolis, Indiana, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which POLSTER, D.J., joined. WHITE, J. (pp. 287-88), delivered a separate concurring and dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall, Trustee (collectively, the "Fund") appeal the district court's grant of summary judgment to International Comfort Products, LLC ("ICP") with respect to the Fund's claims for withdrawal liability under the Multiemployer Pension Plan Amendments Act ("MPPAA" or the "Act"), 29 U.S.C. §§ 1381 et seq., and for breach of contract...

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