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CENTRAL STATES v. WHOLESALE PRODUCE SUPPLY

No. 4-78 Civ. 242.

478 F.Supp. 884 (1979)

CENTRAL STATES, Southeast and Southwest Areas Pension Fund, and Robert J. Baker, R. V. Pulliam, Thomas F. O'Malley, Loran W. Robbins, Robert E. Schlieve, Hubert L. Payne, Marion N. Winstead, Harold J. Yates, LeRoy L. Wade, and Howard McDougall as Trustees of the Central States, Southeast and Southwest Areas Pension Fund, Plaintiffs, v. WHOLESALE PRODUCE SUPPLY CO., Defendant.

United States District Court, D. Minnesota, Fourth Division.

March 22, 1979.

Attorney(s) appearing for the Case

Ernest I. Reveal, III, Robins, Davis & Lyons, St. Paul, Minn., for plaintiffs.

Andrew J. Eisenzimmer, Meier, Kennedy & Quinn, St. Paul, Minn., for defendant.

MEMORANDUM ORDER

ALSOP, District Judge.

This matter comes before the court on cross-motions for summary judgment pursuant to Rule 56 of the Fed.R.Civ.P. Memoranda were submitted by both parties and oral argument was heard on February 23, 1979.

Plaintiffs, trustees for the Central States Pension Fund (Fund), are suing for recovery of contributions made to the Fund by defendant Wholesale Produce Supply Co. (Wholesale) on behalf of an employee, Theodore...

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