BRICKLAYERS FRINGE BEN. FUNDS v. NORTH PERRY, ETC.

No. 77-1192.

590 F.2d 207 (1979)

BRICKLAYERS FRINGE BENEFIT FUNDS, Metropolitan Area, Detroit Metropolitan Area Executive Committee of the Bricklayers, Masons and Plasterers International Union of America, AFL-CIO, Plaintiffs-Appellants, v. NORTH PERRY BAPTIST CHURCH OF PONTIAC, Williamson County Bank and B. R. Thomas, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 19, 1979.


Attorney(s) appearing for the Case

Sheldon M. Meizlish, Rolland R. O'Hare, Detroit, Mich., for plaintiffs-appellants.

Richard A. Campbell, Campbell, Kurzman, Plunkett, & Roggenbaum, Catherine J. Rush, Bloomfield Hills, Mich., for defendants-appellees.

Before LIVELY and MERRITT, Circuit Judges, and TAYLOR, District Judge.


MERRITT, Circuit Judge.

The question on appeal is whether a lien foreclosure action is an "ancillary" remedy for the collection of a judgment under Rule 64, Federal Rules of Civil Procedure, and, if not, whether the District Judge abused his discretion in refusing to consider the foreclosure claim as a pendent state claim.

A contractor's employees were laborers on a construction project. They are members of the plaintiff union, the appellant in this case....

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