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INTERN. U. OF OPER. ENG. LOC. NO. 49 v. KREJEC

No. C0-84-1691.

366 N.W.2d 388 (1985)

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 HEALTH & WELFARE FUND, et al., Respondents, v. Glenn D. KREJEC, d.b.a. Tillges Excavating, Appellant.

Court of Appeals of Minnesota.

April 23, 1985.

Attorney(s) appearing for the Case

David S. Anderson, St. Paul, for respondents.

Michael W. McNabb, Stevens, McNabb & Stewart, Burnsville, for appellant.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

RANDALL, Judge.

This is an action commenced by union welfare benefit plans to collect contributions which were allegedly contractually due from appellant. Appellant had requested a jury trial, but when the matter came on for trial, respondents asserted there were no issues of material fact to be resolved and that the court should decide the case solely on legal issues. However, respondents made no...

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