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BERRY v. GARZA

No. 90-1651.

919 F.2d 87 (1990)

Gene A. BERRY, Ronnie Baker, Frank Oddo, Mylies Curl, Beverly Alery, Virgil Wright, Parties immediately above acting as Trustees of the Service Employees Union Local 96 Building Service Employees Insurance Welfare Fund (Window Cleaners Division), Appellants, v. Paul GARZA d/b/a WindowMasters, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 15, 1990.

Attorney(s) appearing for the Case

Gardiner B. Davis, Kansas City, Mo., for appellants.

Robert J. Janowitz, Kansas City, Mo., for appellee.

Before LAY, Chief Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

LAY, Chief Judge.

The Trustees of the Building Service Employees Insurance Welfare Fund ("Fund") brought this action pursuant to sections 502 and 515 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1132 and 1145 (1989), to recover from Paul Garza delinquent contributions owed the Fund under a collective bargaining agreement. Garza asserted that the collective bargaining agreement was void because of lack of majority representation...

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