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06-809 - Central States Southeast & Southwest Areas Pension Fund, et al v. Alvan Motor Freight, Inc.


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06-809 - Central States Southeast & Southwest Areas Pension Fund, et al v. Alvan Motor Freight, Inc.
July 31, 2007
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MEMORANDUM OPINION & ORDER Re: [53-55] [56-57] [60-61] motions for summary judgment; The Grievance Panel's decision did not live up to the lenient standard set by the Sixth Cir. The Panel acted outside its authority to resolve a dispute with the Michigan Fund, a party not within its jurisdiction and not joined. The Panel further did not address or give an opinion on the Amended Agreement such that this Court could be confident that it construed or considered the appropriate documents. Therefore, the decision is unenforceable; Alvan will not be required to pay the compensation increases for 2004-2005 to CS Pension Fund. Judgment on the merits for Pltf shall be granted. It is Ordered that the decision of the Central Region Joint Area Committee is vacated. Signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb) (Entered: 08/8/2007- per order issued 8/8/07)
May 7, 2008
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MEMORANDUM OPINION & ORDER denying Alvan's claim for attorney fees under ERISA and under Article VIII, 2(b)(5) of the NMFA is denied. (141) (155) 4:05-cv-00125-JZ; (75) (89) 1:06-cv-00809-JZ. signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb)