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CENTRAL STATES FUND v. ALLEGA CONCRETE

No. 13 C 6896.

19 F.Supp.3d 792 (2014)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; and Arthur H. Bunte, Jr., as Trustee, Plaintiffs, v. ALLEGA CONCRETE CORPORATION, Defendant.

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

Filed January 9, 2014.

Attorney(s) appearing for the Case

Charles H. Lee , John Joseph Franczyk, Jr. , Central States Law Department, Emily E. Gleason , Rebecca Kate McMahon , Central States Funds, Rosemont, IL, for Plaintiffs.

Steven L. Brenneman , Ford & Harrison, Chicago, IL, for Defendant.

Memorandum Opinion and Order

John J. Tharp, Jr., United States District Judge.

In this case, a pension fund and one of its trustees seek a declaratory judgment and injunction to bar an arbitration initiated by the defendant employer concerning the employer's withdrawal liability to the pension fund. The gist of the dispute is whether the defendant initiated the arbitration within the statutorily prescribed period, and the defendant has moved to

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