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IRON WORKERS MID-SOUTH PENSION FUND v. TEROTECHNOLOGY CORP.

No. 89-3262.

891 F.2d 548 (1990)

IRON WORKERS MID-SOUTH PENSION FUND, et al., Plaintiffs-Appellants, v. TEROTECHNOLOGY CORP., et al., Defendants, Borden Chemical, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 7, 1990.

Attorney(s) appearing for the Case

Marie Healey, New Orleans, La., for plaintiffs-appellants.

James L. Ellis, Taylor, Porter, Brooks & Phillips, Thomas R. Peak, John F. McDermott, Baton Rouge, La., for defendant-appellee.

Before LIVELY, JOLLY, and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 7, 1990.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Employee benefit funds appeal from the dismissal of their suit to enforce liens recorded against Borden's Geismar plant pursuant to the Louisiana Private Works Act for employee benefit plan contributions owed by Borden's contractor, Terotechnology. The district court dismissed under Fed.R.Civ.P. 12(b), holding that insofar as it pertained to employee benefit plans...

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