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TRI-STATE RUBBER & EQUIPMENT, INC. v. CENT. STATES, ETC., PEN. FUND

Civ. A. No. 86-70091.

677 F.Supp. 516 (1987)

TRI-STATE RUBBER & EQUIPMENT, INC., General Investment Corp., Tandem Transportation Corp., Arrow Leasing Corp., Arrow Transportation Co., Transport Investment Corp., and Tri-State Equipment, Inc., Plaintiffs and Counter-Defendants, v. CENTRAL STATES SOUTHEAST & SOUTHWEST AREAS PENSION FUND, an employee benefit plan, and Howard McDougall, Trustee, Defendants and Counter-Plaintiffs.

United States District Court, E.D. Michigan, S.D.

December 9, 1987.

Attorney(s) appearing for the Case

A.T. Lippert, Jr., Smith & Brooker, P.C., Saginaw, Mich., for plaintiffs and counter-defendants.

Douglas A. Firth, Russell N. Luplow, P.C., Bloomfield Hills, Mich., for defendants and counter-plaintiffs.

MEMORANDUM OPINION AND ORDER

FEIKENS, District Judge.

I. Background

Plaintiffs, counter-defendants, are seven corporations owned or controlled by Walter G. Bay ("Bay"). Defendants, counter-plaintiffs, are a multiemployer pension fund, as defined by 29 U.S.C. § 1301(a)(3),1 and its trustee.

Defendants have assessed a $786,439.57 withdrawal liability2 against Saint...

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