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CENT. STATES, SE & SW AREAS PENSION v. NU-WAY SER.

No. 88-745-C(4).

705 F.Supp. 469 (1988)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, A Pension Trust, and Howard McDougall, Trustee and Fiduciary of Such Pension Trust, Plaintiffs, v. NU-WAY SERVICE STATION, INC., d/b/a Nu-Way Service, Inc., a Missouri Corporation, Defendant.

United States District Court, E.D. Missouri, E.D.

October 26, 1988.

Attorney(s) appearing for the Case

Albert M. Madden, Thomas C. Nyhan, S. Michael Ritter, Chicago, Ill., Guilfoil Petzall & Shoemake, David B.B. Helfrey, Kenneth J. Barnhouse, St. Louis, Mo., for plaintiffs.

Thomas S. Moore, McCarthy, Duffy, Neidhart and Snakard, Chicago, Ill., Daniel R. Begian, James N. Foster, Jr., McMahon, Berger, Hanna, Linihan, Cody and McCarthy, St. Louis, Mo., for defendant.

MEMORANDUM AND ORDER

CAHILL, District Judge.

This matter comes before the Court on plaintiffs' motion for summary judgment. On March 3, 1988, the United States District Court for the Northern District of Illinois transferred plaintiffs' suit to this Court pursuant to 28 U.S.C. § 1404(a). The pending motion had not been ruled upon prior to the transfer and is now under submission.

Rule 56(c) of the Federal Rules of Civil Procedure provides that...

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