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CENTRAL PENSION FUND v. RAY HALUCH GRAVEL CO.

No. 11-1944.

695 F.3d 1 (2012)

CENTRAL PENSION FUND OF the INTERNATIONAL UNION OF OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS et al., Plaintiffs, Appellants, v. RAY HALUCH GRAVEL CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 12, 2012.

Attorney(s) appearing for the Case

Kenneth L. Wagner , with whom Blitman & King LLP was on brief, for appellants.

José A. Aguiar , with whom Doherty, Wallace, Pillsbury and Murphy, P.C. was on brief, for appellee.

Before THOMPSON, SELYA and DYK, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us to resolve two issues of first impression in this circuit. The first, which has divided our sister circuits, relates to judgment finality. The second relates to what happens when an employer fails to keep appropriate records concerning work covered by the benefit-remittance provisions of a collective bargaining agreement. After careful consideration, we hold that the appeal is timely as to all issues and that both the...

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