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TRUSTEES OF WYO. LABORERS HEALTH & WEL. PL. v. MORGEN & OSWOOD CONSTRUCTION CO.

Nos. 86-1488, 86-1489.

850 F.2d 613 (1988)

The TRUSTEES OF the WYOMING LABORERS HEALTH AND WELFARE PLAN, an express trust; the Trustees of the Oregon Laborers-Employers Vacation Savings Trust Fund, an express trust; the Trustees of the Oregon Southwestern Washington Laborers Training Trust Fund, an express trust; the Laborers National Pension Fund; and Ann Sizemore, in her capacity as Administrator, Plaintiffs-Appellants Cross-Appellees v. MORGEN & OSWOOD CONSTRUCTION COMPANY, INC. OF WYOMING, a Wyoming corporation, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

June 24, 1988.

Attorney(s) appearing for the Case

David Evans of Rooney, Bagley, Hickey, Evans & Statkus, Cheyenne, Wyo., for plaintiffs-appellants cross-appellees.

Leslie S. Waite, III, of Waite, Schuster & Larson, P.C., Great Falls, Mont., for defendant-appellee cross-appellant.

Before HOLLOWAY, Chief Judge, TACHA, Circuit Judge, and BRATTON, District Judge.

BRATTON, District Judge.

This is an appeal and cross-appeal from a judgment entered by the district court in favor of trustees of employee benefit pension and insurance funds and assessing damages against an employer for delinquent contributions. The district court held that the employer owed a portion of the delinquent contributions claimed by the trustees, and awarded $11,461.27 for unpaid contributions, a double interest...

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