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McDOUGALL v. DONOVAN

No. 81 C 5891.

539 F.Supp. 596 (1982)

Howard McDOUGALL, Thomas F. O'Malley, R. V. Pulliam, Sr., Robert J. Baker, Loran W. Robbins, Marion M. Winstead, Jr. as Trustees of Central States, Southeast and Southwest Areas Pension Fund, Plaintiffs, v. Raymond J. DONOVAN, Secretary of Labor, Defendant. Raymond J. DONOVAN, Secretary of Labor, Counter-Plaintiff, v. Howard McDOUGALL, Thomas F. O'Malley, R. V. Pulliam, Sr., Robert J. Baker, Loran W. Robbins, Marion M. Winstead, Harold J. Yates and Earl L. Jennings, Jr., Individually and as Trustees of Central States, Southeast and Southwest Areas Pension Fund, and Earl N. Hoekenga, and the Central Conference of Teamsters, Counter-Defendants.

United States District Court, N. D. Illinois, E. D.

May 24, 1982.

Attorney(s) appearing for the Case

James L. Coghlan, Coghlan, Joyce & Nellis, Chicago, Ill., for plaintiffs and counter-defendants.

Kenneth G. Anderson, Jacksonville, Fla., for Hoekenga, counter-defendant.

Jim Shoemake, Guilfoil, Symington, Petzall & Shoemake, St. Louis, Mo., Francis Carey, Chicago, Ill., for Central States, counter-defendant.

M. J. Mintz, Dickstein, Shapiro & Morin, Washington, D. C., Marvin Gittler (Local Counsel), Asher, Goodstein, Pavalon, Gitter, Greenfield & Segall, Ltd., Chicago, Ill., for the Central Conference of Teamsters, counter-defendant.

Edward Moran, Asst. U. S. Atty., Chicago, Ill., S. Michael Scadron, U. S. Dept. of Labor, Washington, D. C., for defendant and counter-plaintiff.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiffs, the trustees of the Central States, Southeast and Southwest Areas Pension Fund (the "Fund") filed a Complaint for Declaratory Judgment in this Court against the Secretary of Labor (the "Secretary") seeking, inter alia, a declaratory judgment that the Fund's acquisition of a Falcon F-20 jet aircraft from the Falcon Jet Corporation [which had acquired the jet from the Central Conference...

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