MASS. LABORERS' HEALTH & WEL. F. v. STARRETT PAVING CORP.

No. 87-1806.

845 F.2d 23 (1988)

The MASSACHUSETTS LABORERS' HEALTH AND WELFARE FUND, et al., Plaintiffs, Appellees, v. STARRETT PAVING CORP., et al., Defendants, Appellees. Peter Starrett, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 25, 1988.

Memorandum and Order on Denial of Rehearing May 26, 1988.


Attorney(s) appearing for the Case

Robert Weihrauch, Worcester, for defendant, appellant.

John Andrew Thompson, Randolph, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, BREYER and SELYA, Circuit Judges.


BREYER, Circuit Judge.

Four multiemployer pension plans ("the Plans"), invoking the legal authority of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461 (1982), sued the Starrett Paving Corporation and its owner, Peter Starrett, seeking contributions the corporation had promised, but failed, to make. 29 U.S.C. § 1145. The corporation went bankrupt; the district court said that Peter Starrett, the corporation's president and...

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