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CENTRAL STATES v. GEORGIA-PACIFIC LLC

No. 10-2489.

639 F.3d 757 (2011)

CENTRAL STATES, Southeast and Southwest Areas Pension Fund, and Howard McDougall, Trustee, Plaintiffs-Appellants, v. GEORGIA-PACIFIC LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Brad R. Berliner (argued), Attorney, Central States Funds, Law Department, Rosemont, IL, for Plaintiffs-Appellants.

Mark A. Casciari (argued), Attorney, Seyfarth Shaw LLP, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and FLAUM and RIPPLE, Circuit Judges.

EASTERBROOK, Chief Judge.

Georgia-Pacific sold its building-products division to BlueLinx Corp. in 2004. After that sale, Georgia-Pacific no longer had any employees participating in the multiemployer Central States, Southeast and Southwest Areas Pension Fund ("the Plan"). Withdrawal from a multiemployer fund requires a payment if the fund does not have enough assets to meet all of its obligations. (If employers could withdraw freely from underfunded plans, everyone...

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