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Central States, Southeast and Southwest Areas Pension Fund, et al v. Auffenberg Ford, Inc

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ARGUED OCTOBER 28, 2010

Before MANION, ROVNER, and SYKES, Circuit Judges.

Central States, Southeast and Southwest Areas Pension Fund and its trustee, Howard McDougall (collectively “the Fund”), filed suit against Auffenberg Ford, Inc. under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, in order to collect unpaid contributions to the Fund. The district court granted summary judgment in the Fund’s favor, and Auffenberg now appeals. Because the terms of the collective bargaining agreement (“CBA”) required Auffenberg to continue contributing to the Fund, notwithstanding any oral agreement to the contrary, we affirm.

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