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PENSION FUND v. LITGEN CONCRETE CUTTING & CORING

No. 88 C 8531.

709 F.Supp. 140 (1989)

LABORERS' PENSION FUND and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity, and the Laborers' District Council of Chicago and Vicinity, Plaintiffs, v. LITGEN CONCRETE CUTTING & CORING CO., an Illinois corporation, and William R. Litgen, Defendants.

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

March 22, 1989.

Attorney(s) appearing for the Case

Hugh B. Arnold, Jac A. Cotiguala, Arnold & Kadjan, Chicago, Ill., for plaintiffs.

Michael P. Davis, McNeil Stokes, Stokes, Shapiro, Fussell & Wedge, Atlanta, Ga., Arthur B. Smith, Jr., Robert P. Casey, Murphy, Smith & Polk, Chicago, Ill., for defendants.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Judicial development of the law is usually slow. There are a number of reasons for this: some types of disputes do not arise as frequently as others; similar types of disputes will encompass different facts, allowing for different modes of disposition. A statute of limitations can bar claims raised in one suit, but not the other; parties' differing assessments as to the merits of their case can result...

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