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BUILDING SERV. LOCAL 47 CLEANING CON. v. GRANDVIEW RACEWAY

Nos. 93-3998, 93-4054 and 93-4133.

46 F.3d 1392 (1995)

BUILDING SERVICE LOCAL 47 CLEANING CONTRACTORS PENSION PLAN, et al., Plaintiffs-Appellees, Cross-Appellants (93-4133), v. GRANDVIEW RACEWAY, et al., Defendants, Northeast Ohio Harness, et al., Defendants-Appellants (93-3998/4054), Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1995.

Attorney(s) appearing for the Case

Eben O. McNair, (argued and briefed), Timothy J. Gallagher (briefed), Schwarzwald & Rock, Cleveland, OH, for plaintiffs-appellees in Nos. 93-3998 and 93-4054, 93-4133.

William F. Snyder (briefed), Laurence R. Synder (argued), Marshman, Snyder & Kapp, Cleveland, OH, for defendants-appellants in Nos. 93-3998 and 93-4054.

William F. Snyder (briefed), Laurence R. Snyder (argued), Marshman, Snyder & Kapp, for William F. Snyder, Robert D. Stakich, Northeast Ohio Harness and Loren W. Houston in No. 93-4133.

William F. Snyder (briefed), Laurence R. Synder (argued), Marshman, Synder & Kapp, James Joseph Bartolozzi, Kahn, Kleinman, Yanowitz & Arnson, Cleveland, OH, for Victor D. Ippolito in No. 93-4133.

Before: JONES, CONTIE, and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

Defendants appeal and plaintiffs cross-appeal the district court's judgment and award of attorneys' fees for plaintiffs in this action to recover allegedly delinquent pension fund contributions. On appeal, the issues raised by defendants are (1) whether the district court erred in admitting and relying on the summary of deficiencies prepared for trial purposes by plaintiffs' independent auditor, (2) whether there was sufficient evidence of...

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