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CARPENTERS & JOINERS WELFARE FUND v. GITTLEMAN CORP.

No. 87-5412.

857 F.2d 476 (1988)

CARPENTERS & JOINERS WELFARE FUND, Twin City Carpenters Pension Fund, Twin City Carpenters Vacation Fund, Twin City Carpenters Apprenticeship Fund and Roger Rehbein, Trustee, Appellants, v. GITTLEMAN CORPORATION, a Minnesota business corporation, and Melvin C. Gittleman, individually, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 20, 1988.

Attorney(s) appearing for the Case

David S. Anderson, Minneapolis, Minn., for appellants.

Frank J. Walz, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether the Gittleman Corporation and its President, Melvin G. Gittleman, because of delinquent contributions to several welfare funds of the Carpenters, are required under either its collective bargaining agreement or ERISA to pay liquidated damages. The district court1 ruled that the Gittlemans should pay three times the interest due on delinquent contributions, but denied liquidated...

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