Legal Opinion

Central States, Southeast & Southwest Areas Pension Fund v. Independent Fruit & Produce Co.

Court of Appeals for the Eighth Circuit

Decided December 6, 1990No. Nos. 89-1927 to 89-1929, 89-1933 to 89-1937, 89-2204 to 89-2210, 89-2438, 90-1160 to 90-1162, 89-2839 and 89-2840PublishedCited by 10 opinions

1Opinion of the Court

BEAM, Circuit Judge.

In this consolidated appeal, Central States, Southeast and Southwest Areas Pension Fund (Central States) appeals from judgments entered in favor of defendants-employers. Pursuant to sections 502 and 515 of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1132, 1145 (1988), Central States brought separate actions against more than twenty independent produce wholesalers to collect delinquent pension contributions. Central States contended that the produce companies failed to make pension contributions on behalf of certain employees as required by the governing…

2Cases cited16 opinions

  1. Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
  2. Southwest Administrators, Inc. v. Rozay's Transfer, a California CorporationCourt of Appeals for the Ninth Circuit · 1986
  3. Robbins v. LynchCourt of Appeals for the Seventh Circuit · 1988
  4. Lehman Brothers Kuhn Loeb Incorporated v. Clark Oil & Refining Corporation, Intervenor: United States ForCourt of Appeals for the Eighth Circuit · 1984
  5. National Labor Relations Board v. Superior Forwarding, Inc.Court of Appeals for the Eighth Circuit · 1985

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3Cited by10 opinions

  1. Alton Cash v. Wal-Mart Group Health PlanCourt of Appeals for the Eighth Circuit · 1997
  2. Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall v. Kroger CompanyCourt of Appeals for the Seventh Circuit · 2001
  3. William E. Dugan v. R.J. Corman Railroad CompanyCourt of Appeals for the Seventh Circuit · 2003
  4. Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Independent Fruit and Produce Co., a Missouri Corporation, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Walter A. Rubin, D/B/A M.J.M. Produce Exchange, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Sugar Ripe Banana Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. N.E. Friedmeyer-Sellmeyer Distributing Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Salvatore Pupillo, D/B/A Pupillo Fruit Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. George A. Heimos Produce Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. William Mantia Fruit Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. St. Louis Banana and Tomato Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Lamperson Fruit & Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Lombardo Fruit and Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. John Moon Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Stanley Produce, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Robert Johnson, D/B/A J. Johnson, Fruit & Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Adolph A. Solomon and Irl S. Solomon, Statutory Trustees for Adolph & Ceresia Produce Co., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. United Fruit & Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Goldman Fruit & Produce Co., Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Jules J. Schwartz and Joseph F. Schwartz, D/B/A New Market Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Franklin Produce Company, a Missouri Corporation, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Marske Produce Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. George A. Heimos Produce Co., Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. N.E. Friedmeyer-Sellmeyer Distributing CompanyCourt of Appeals for the Eighth Circuit · 1990
  5. Malden Mills Industries, Inc. v. ILGWU National Retirement FundDistrict Court, D. Massachusetts · 1991

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