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GREATER KANSAS CITY LAB. PEN. FUND v. B.E.A.M.

No. 84-1397.

754 F.2d 297 (1985)

GREATER KANSAS CITY LABORERS PENSION FUND, a Trust Fund; Roy Livingston; Neil Thursby; Richard Everhart; John Rider; Columbus Sumpter; Francis Jacobs; Jack Lehman; Roy Phillips; Norman Hansen; Lynn Bowman; Wm. W. Weeks; and James Duvall, Trustees of The Greater Kansas City Laborers Pension Fund, a Trust Fund; Roy Livingston; Neil Thursby; James Nidiffer; John Rider; Columbus Sumpter; Francis Jacobs; Jack Lehman; Jim Senter; Ralph Walters; T.C. Lemon; Vincent S. DiCarlo; Harold E. Porter; Terry Dunn; and James Duvall, Trustees of The Greater K.C. Laborers Welfare Fund; Greater K.C. Laborers Vacation Plan, a Trust Fund; James Nidiffer; Neil Thursby; Jack Lehman; Norman Hansen; Jim Senter; James L. Hutton; and Fred Reagan, Trustees of The Greater K.C. Laborers Vacation Plan; Greater K.C. Laborers Training Fund, a Trust Fund; Richard Everhart; Neil E. Thursby; Jack Lehman; Fred Reagan; James Duvall; Wm. Weeks; and Don Meyer, Trustees of The Greater K.C. Laborers Training Fund, Appellees, v. B.E.A.M., INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Russell S. Dameron (argued), Kansas City, Mo., Henri J. Watson, Kansas City, Mo., for appellant.

Michael C. Arnold (argued), Kansas City, Mo., Michael C. Arnold, Lawrence F. Gepford, Jr., Yonke, Shackelford & Arnold, P.C., Kansas City, Mo., for appellees.

Before BRIGHT, ARNOLD, and BOWMAN, Circuit Judges.

ARNOLD, Circuit Judge.

This is an action by various employee-benefit funds against Beam, Inc., for recovery of unpaid benefits. The parties submitted the case to the District Court on stipulated facts, exhibits, depositions, and trial briefs. The only defense Beam asserted was that the collective bargaining agreement had been rescinded by an oral agreement made as part of a confession of judgment entered in a previous lawsuit between the same parties. The District...

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