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XAROS v. U.S. FIDELITY AND GUAR. CO.

No. 86-5172.

820 F.2d 1176 (1987)

Constantinos XAROS, et al., Plaintiffs-Appellants, v. U.S. FIDELITY AND GUARANTY COMPANY and Darin & Armstrong, Inc., a Foreign corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 7, 1987.

Attorney(s) appearing for the Case

Allan M. Elster, North Miami Beach, Fla., for plaintiffs-appellants.

Richard W. Groner and William Reinhart Pomeroy, Abel, Band, Brown, Russell & Collier, Sarasota, Fla., for defendants-appellees.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

This case presents the question of whether subcontractors and their sureties who are not signatories to a collective bargaining agreement are employers under the Employment Retirement Income Security Act of 1974 (ERISA), Section 502, 29 U.S.C. § 1132(a)(3) (1974). The district court held that nonsignatory subcontractors and their sureties are not, and dismissed the case for lack of subject matter jurisdiction. We AFFIRM.

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