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CENTRAL TRANSPORT, INC. v. CENTRAL STATES

Nos. CIV-2-85-470, CIV-2-85-471 and CIV-2-85-472.

639 F.Supp. 788 (1986)

CENTRAL TRANSPORT, INC., et al. v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al. and The MASON AND DIXON TANK LINES, INC. v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al. and MICHIANA TRUCKING, INC., et al. v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al.

United States District Court, E.D. Tennessee, Northeastern Division.

January 17, 1986.

Attorney(s) appearing for the Case

Patrick A. Moran, Vivian B. Perry and Fredric A. Smith, Birmingham, Mich., and Nat R. Coleman, Greenville, Tenn., for Central Transport, Inc., et al.

Howard H. Baker, Jr. and Don C. Stansberry, Jr., Baker, Worthington, Crossley, Stansberry and Woolf, Huntsville, Tenn., and Ed. E. Williams III, Baker, Worthington, Crossley, Stansberry and Woolf, Johnson City, Tenn., for The Mason and Dixon Tank Lines, Inc.

Frank Cummings, Washington, D.C. and James E. Brading and Thomas C. McKee, Herndon, Coleman, Brading & McKee, Johnson City, Tenn., for Michiana Trucking, Inc.

Russell N. Luplow & Diana L.S. Peters, Bloomfield Hills, Mich., Fred Thompson & Penny Harrington, Nashville, Tenn., for defendant.

MEMORANDUM

HULL, Chief Judge.

This action came before the Court for a hearing on plaintiff's motion for a preliminary injunction. Plaintiffs seek protection in this action from imposition of a Twenty-six ($26) million dollar withdrawal liability assessment by defendant, based on the withdrawn participation from the union pension plan of a single bargaining unit within Mason & Dixon Tank Lines which resulted from this bargaining unit's decertification...

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