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INDIANA CARPENTERS CENTRAL AND WESTERN INDIANA PEN. FUND v. SEABOARD SURETY CO.

No. 49A02-9111-CV-510.

601 N.E.2d 352 (1992)

INDIANA CARPENTERS CENTRAL AND WESTERN INDIANA PENSION FUND, Appellant-Plaintiff, v. SEABOARD Surety Company, Appellee-Defendant.

Court of Appeals of Indiana, Second District.

October 19, 1992.

Attorney(s) appearing for the Case

Karl L. Mulvaney, Thomas C. Scherer, Nana Quay-Smith, and Gerard L. Gregerson, Bingham Summers Welsh & Spilman, Indianapolis, for appellant-plaintiff.

Theodore J. Nowacki and V. Samuel Laurin, III, Bose McKinney & Evans, Indianapolis, for appellee-defendant.

SHIELDS, Judge.

Indiana Carpenters Central and Western Pension Fund (Carpenters) appeals the trial court's dismissal of its complaint pursuant to Ind.Trial Rule 12(B)(6).

We reverse and remand for further proceedings.

ISSUES

1. Whether a pension and benefit plan has standing to file a claim against a statutorily-required payment bond for unpaid fringe benefits owed to the plan's members for work performed on a public works project.

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