CARPENTERS, ETC., HEALTH BEN. FUND v. RYAN CONST. CO., INC.

No. 84-5001 Summary Calendar.

767 F.2d 1170 (1985)

The CARPENTERS AMENDED AND RESTATED HEALTH BENEFIT FUND, and its Trustees, et al., Plaintiffs-Appellees Cross Appellants, v. JOHN W. RYAN CONSTRUCTION CO., INC., Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1985.


Attorney(s) appearing for the Case

Paxton & Barriball, John J. Barriball, Orsen E. Paxton, III, Arlington, Tex., for defendant-appellant cross appellee.

Matthews, Allen & Russell, Jerry Leroy Carlton, Dallas, Tex., for plaintiffs-appellees cross appellants.

Before RUBIN, RANDALL, and TATE, Circuit Judges.


TATE, Circuit Judge:

The principal issue of this appeal is whether an employer, sued by employee benefit plans for delinquent contributions, may avoid liability for statutory interest and attorney's fees by paying the delinquent contributions after suit is brought but before judgment. We affirm the determination of the district court that the delinquent employer remains liable for interest and attorney's fees sought by the suit to enforce also the obligation for delinquent...

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