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FINDLAY TRUCK LINE v. SOUTHWEST AREAS PENSION FUND

Nos. 12-3450, 12-3531.

726 F.3d 738 (2013)

FINDLAY TRUCK LINE, INC., Plaintiff-Appellee/Cross-Appellant, v. CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS PENSION FUND, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2013.

Rehearing and Rehearing En Banc Denied September 19, 2013.

Attorney(s) appearing for the Case

ARGUED: Brad R. Berliner , Central States Funds, Rosemont, Illinois, for Appellant. Tracy L. Turner , Habash & Reasoner, LLP, Columbus, Ohio, for Appellee. ON BRIEF: Brad R. Berliner , Edward H. Bogle , John Joseph Franczyk, Jr. , Central States Funds, Rosemont, Illinois, for Appellant. Tracy L. Turner , W. Irl Reasoner , Habash & Reasoner, LLP, Columbus, Ohio, for Appellee.

Before: SUHRHEINRICH, MOORE and GIBBONS; Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

I. Introduction

Plaintiff-Appellee/Cross-Appellant Findlay Truck Line ("Findlay") brought this action seeking relief from a withdrawal liability payment it allegedly owes to Defendant-Appellant/Cross-Appellee Central States, Southeast and Southwest Areas Pension Fund ("the Fund") under the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C....

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