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MILITELLO v. CENT. STATES SE AND SW AREAS PENS.

No. 01 C 2884.

209 F.Supp.2d 923 (2002)

Anthony J. MILITELLO, Plaintiff, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and The Board of Trustees of the Central States Southeast and Southwest Areas Pension Fund, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 11, 2002.

Attorney(s) appearing for the Case

Joseph L. Planera, Joseph L. Planera Associates, Chicago Heights, IL, Konrad Kuczak, Attorney at Law, Dayton, OH, for plaintiff.

Craig G. Penrose, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, Brad R. Berliner, Charley Hoon Lee, Central States Law Department, Rosemont, IL, for defendants.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Anthony Militello was a truck driver whose employer made pension contributions to Central States Southeast and Southwest Areas Pension Fund ("the Fund"), a multi-employer pension plan as defined by ERISA, 29 U.S.C. §§ 1002(2)(A) and (37). The Fund terminated Mr. Militello's benefits and sought repayment of benefits paid when it determined that he was engaged in "prohibited reemployment...

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