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ANDERSON v. BOARD OF TRUSTEES OF NORTHWEST OHIO

Case No. 3:07 CV 576.

567 F.Supp.2d 991 (2008)

Paul H. ANDERSON, etc., Plaintiff, v. BOARD OF TRUSTEES OF the NORTHWEST OHIO UNITED FOOD AND COMMERCIAL WORKERS UNION AND EMPLOYERS' JOINT PENSION FUND, Defendant.

United States District Court, N.D. Ohio, Western Division.

July 28, 2008.

Attorney(s) appearing for the Case

Barry W. Fissel, Connie S. Swemba, Eastman & Smith, Toledo, OH, for Plaintiff.

Lee J. Hutton, Barry Y. Freeman, Littler Mendelson, Cleveland, OH, for Defendant.

MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on cross-motions for summary judgment (Doc. 38, 41). This Court has jurisdiction pursuant to 28 U.S.C. § 1331.

I. Background

Defendant Board of Trustees of the Northwest Ohio United Food and Commercial Workers Union and Employers' Joint Pension Fund ("the Fund" or "the Plan") is a multiemployer pension plan, as defined by the Employee Retirement Income...

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