CONST. INDUS. RET. FUND v. KASPER TRUCKING, INC.

No. 93-1330.

10 F.3d 465 (1993)

The CONSTRUCTION INDUSTRY RETIREMENT FUND OF ROCKFORD, Plaintiff-Appellee, v. KASPER TRUCKING, INC., et al., Defendants-Appellants. KASPER TRUCKING, INC., Plaintiff-Appellant, v. The CONSTRUCTION INDUSTRY WELFARE FUND, ROCKFORD, ILLINOIS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1993.

Rehearing Denied December 20, 1993.


Attorney(s) appearing for the Case

Louis E. Sigman, Alan H. Auerbach (argued), James M. Neuman, Catherine Chapman, Baum & Sigman, Marc M. Pekay (argued), Chicago, IL, for plaintiff-appellee.

Jeffrey A. Ryva (argued), Husch & Eppenberger, Peoria, IL, James R. Pirages, Charles F. Helsten, Hinshaw & Culbertson, Rockford, IL, for Kasper Trucking, Inc.

Marc M. Pekay, Chicago, IL, for Construction Industry Welfare Fund, Rockford, IL.

Before COFFEY and EASTERBROOK, Circuit Judges, and FOREMAN, Senior District Judge.


EASTERBROOK, Circuit Judge.

Kasper Trucking uses the services of drivers who own their own rigs. Between May 1984 and August 1986 Kasper treated them as employees for purposes of pension and health coverage, deducting money from their pay and remitting the sums to multiemployer plans covered by the Employee Retirement and Income Security Act (ERISA). Kasper eventually decided that the drivers are independent contractors who may not participate in the plans. It sent...

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