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CENTRAL STATES PENSION FUND v. LADY BALTIMORE FOODS, INC.

No. 90 C 3007.

766 F.Supp. 650 (1991)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, a pension trust, and Marion M. Winstead, Robert C. Sansone, Robert J. Baker, Howard McDougall, Arthur H. Bunte, Jr., R. Jerry Cook, R.V. Pulliam, Sr., and Harold D. Leu, the present Trustees, Plaintiffs, v. LADY BALTIMORE FOODS, INC., a Kansas corporation, Defendant.

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

Supplementary Memorandum Opinion and Order June 20, 1991.

Attorney(s) appearing for the Case

Thomas Joseph Angell, Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., James Dominick O'Connell, Central States Law Dept., Rosemont, Ill., for plaintiffs.

James Cunningham Murray, Jr., James E. Hanlon, Jr., Katten, Muchin & Zavis, Chicago, Ill., David L. Wing, Spencer, Fane, Britt & Browne, Kansas City, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

The plaintiff pension trust and its present trustees ("the Fund") ask us to declare the "Lady Baltimore Amendment" to the Employee Retirement Income Security Act of 1974 ("ERISA"), Pub.L. 99-514, Title XVIII, § 1852(i) codified at 29 U.S.C. § 1461(h)(1) ("Amendment") unconstitutional and to vacate the arbitrator's restoration of attorneys' fees, costs and liquidated damages to Lady Baltimore...

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