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GOULD v. LAMBERT EXCAVATING, INC.

No. 88-1674.

870 F.2d 1214 (1989)

Frank GOULD, as Administrative Manager of the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, R.A. Pinson, as Administrative Manager of the International Union of Operating Engineers, Local No. 841, Health and Welfare Fund, Jerry Seager, as Director of the Operating Engineers Local No. 103 Apprenticeship and Training Program, Plaintiffs-Appellees, v. LAMBERT EXCAVATING, INC., a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 1989.

Attorney(s) appearing for the Case

S. Douglas Trolson, Indianapolis, Ind., for defendant-appellant.

Frederick W. Dennerline, III, Fillenwarth Dennerline Groth & Baird, Indianapolis, Ind., for plaintiffs-appellees.

Before CUDAHY, RIPPLE, Circuit Judges, and WILL, Senior District Judge.

WILL, Senior District Judge.

This is an appeal from the district court's order granting the plaintiffs' motion for a preliminary injunction and ordering the defendant to make delinquent and future contributions to certain employee benefit funds. We affirm the issuance of the preliminary injunction with one modification.

Background

The plaintiffs brought this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S...

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