R. M. Bowler Contract Hauling Co. v. Central States, Southeast & Southwest Areas Pension Fund

ORDER

FOREMAN, Chief Judge:

Before the Court is defendant Funds’ Motion to Dismiss Count I or in the alternative transfer Count I, and Motion to Dismiss Count II of the Complaint. Defendants’ Motion to Transfer became moot when the Court on April 5, 1982, consolidated this action with Case No. 82-3172 which was transferred to this Court from the Northern District of Illinois. Thus, the Court will only address the motions to dismiss Counts I and II. Count I seeks a declaratory judgment on behalf of plaintiff R. M. Bowler Contract Hauling Co., Inc., as to its rights and liabilities under the…