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CENTRAL STATES, S.E. & S.W. v. SAFECO INS. CO.

No. 88 C 7933.

717 F.Supp. 572 (1989)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREA PENSION FUND, a pension trust, and Loran W. Robbins, Marion M. Winstead, Robert C. Sansone, Robert J. Baker, Howard McDougall, Arthur H. Bunte, Jr., R. Jerry Cook and R.V. Pulliam, Sr., the present trustees, Plaintiffs, v. SAFECO INSURANCE CO. OF AMERICA, a Washington State Corporation, Defendant.

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

June 26, 1989.

Attorney(s) appearing for the Case

Bruce Perlin, Francis J. Carey, Terence G. Craig, Central States Pension Fund Law Dept., Chicago, Ill., William F. Hanrahan, Terrence M. Deneen, Richard B. Fellows, Groom & Nordberg, Washington, D.C., for plaintiffs.

Columbus R. Gangemi, Jr., William G. Miossi, Winston & Strawn, Chicago, Ill., for defendant.

ORDER

NORGLE, District Judge.

Before the court is the defendant's, Safeco Insurance Co. of America (Safeco), motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(7), for failure to join a necessary party. In the alternative, the defendant has made a motion to join the McKesson Corporation (McKesson), the alleged necessary party, and stay the proceedings pending the outcome of arbitration between McKesson and the plaintiff. For the following reasons, the defendant...

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