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MARTIN v. GARMAN CONST. CO.

No. 90-2177.

945 F.2d 1000 (1991)

William F. MARTIN, George F. Hutcheson, Ray Johnson, et al., Plaintiffs-Appellees, v. GARMAN CONSTRUCTION COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1991.

Attorney(s) appearing for the Case

Louis E. Sigman, Bernard M. Baum, Alan H. Auerbach, James M. Neuman (argued), Baum & Sigman, Walter J. Reum, Reum & Casello, Chicago, Ill., for plaintiffs-appellees.

James V. Daffada, Abramson & Fox, Chicago, Ill., Gerard C. Smetana (argued), Richman, Lawrence, Mann, Greene & Smetana, Chicago, Ill., for defendant-appellant.

Before CUDAHY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

This case asks us to determine the preclusive effect of a decision by the National Labor Relations Board (Board or NLRB) on a subsequent district court action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1132, 1145 (1988) (ERISA). We conclude that on the facts of this case, the Board's decision that the employer had not committed an unfair labor practice does not preclude the district court from later finding...

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