COUCHIGIAN v. RICK

Civ. No. 6-78-182.

489 F.Supp. 54 (1980)

(1) William COUCHIGIAN, Gaylan Olson, David Feller, Walter Skowronek, Richard Mikkelson, Gerald Galbraith, Richard Cooksley, Roger Larson, Paul Flurer, Earl Moe, Donald Mollerud, and O. H. Pederson, as trustees of the Dakota's and Western Minnesota Electrical Industry Health and Welfare Fund; (2) & (3) Leon Comeau, Ed Kaseman, Richard Cooksley, Dan Adamson, O. H. Pederson, David Tanberg, Earl Moe, Don Mollerud, Gay Fougner, William Couchigian, Gerald Galbraith, Leslie Anseth, David Feller, Gay Olson, Richard Mikkelson, and Walt Skowronek, as trustees for (2) the Dakotas Area Electrical Apprenticeship and Training Fund Trust and (3) Dakotas Area Electrical Educational Fund, Inc., a non-profit corporation; (4) Dakotas Employees Benefit Board # 101 and J. P. Schubloom, secretary-treasurer thereof, as local administrators of and agents for the trustees of the National Electrical Benefit Fund of the National Employees Benefit Board for the Electrical Contracting Industry; (5) Roger Larson, O. H. Pederson, Earl Moe, Walt Skowronek, William Couchigian, and Gerald Galbraith, as trustees of the Dakotas Areawide IBEW-NECA Vacation and Holiday Trust Fund; (6) Dakotas Chapter, National Electrical Contractors Association, as agent and administrator of the Consolidated Receiving Fund of the above-named five trust funds; Plaintiffs, v. John RICK and Gerald Rick, Individually and d/b/a Rick's Electric Construction Company, and Twin City Electric Company and Rick's Electric Company, a corporation, and Twin City Electric Company, a corporation, Defendants.

United States District Court, D. Minnesota, Sixth Division.

March 19, 1980.


Attorney(s) appearing for the Case

Richard L. Pemberton, Rufer, Hefte, Pemberton, Schulze, Sorlie & Sefkow, Fergus Falls, Minn., for plaintiffs.

John P. O'Donnell, St. Paul, Minn., for defendants.


MEMORANDUM & ORDER

DEVITT, Chief Judge.

This suit is brought by trustees of pension funds seeking to recover contributions allegedly owed by an employer for the time period of 1971-1979. Plaintiffs allege jurisdiction under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and under the Employees Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq.1...

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