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CONTRACTORS, LAB., TEAM. & ENG. v. HARKINS CONST.

Nos. 83-2217, 83-2218.

733 F.2d 1321 (1984)

CONTRACTORS, LABORERS, TEAMSTERS & ENGINEERS HEALTH & WELFARE PLAN; Contractors, Laborers, Teamsters & Engineers Pension Plan; Omaha-Council Bluffs Laborers Local # 1140 Holiday Trust; Laborers Training Fund; and Construction and General Laborers Union, Local No. 1140, Appellees, v. HARKINS CONSTRUCTION & EQUIPMENT COMPANY, INC., a Nebraska corporation, Appellant. CONTRACTORS, LABORERS, TEAMSTERS & ENGINEERS HEALTH & WELFARE PLAN; Contractors, Laborers, Teamsters & Engineers Pension Plan; Omaha-Council Bluffs Laborers Local # 1140 Holiday Trust; Laborers Training Fund; and Construction and General Laborers Union, Local No. 1140, Appellants, v. HARKINS CONSTRUCTION & EQUIPMENT COMPANY, INC., a Nebraska corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1984.

Attorney(s) appearing for the Case

Nelson & Harding, Roger J. Miller and Dale E. Bock, Omaha, Neb., for appellant.

David D. Weinberg, Weinberg & Weinberg, P.C., Malcolm Young and Duncan Young, Young & White, Omaha, Neb., for appellees, cross-appellants.

Before BRIGHT, FAGG and BOWMAN, Circuit Judges.

BRIGHT, Circuit Judge.

Construction and General Laborers Union, Local No. 1140 (the Union) and various union trusts1 brought this action in federal district court2 against Harkins Construction & Equipment Company (Harkins Construction), seeking specific performance of a participation agreement and the collective bargaining agreements incorporated therein. The...

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