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SEABOARD SUR. v. IND. ST. DIST. COUNCIL

No. 49A02-9309-CV-479.

645 N.E.2d 1121 (1995)

SEABOARD SURETY COMPANY, Appellant-Defendant, v. INDIANA STATE DISTRICT COUNCIL OF LABORERS AND HOD CARRIERS HEALTH AND WELFARE FUND, Indiana State District Council of Laborers and Hod Carriers Pension Fund, Indiana State District Council of Laborers and Hod Carriers Training Fund, Indiana District State Council of Laborers and Hod Carriers Working Dues Fund, Laborers Local Union No. 120, Indiana State District Council of Laborers and Hod Carriers, Indiana State Council of Plasterers and Cement Masons Health and Welfare Fund, Indiana State Council of Plasterers and Cement Masons Pension Fund, Cement Masons Local 532, Carpenters District Council of Central and Western Indiana, James Allen, Frank Arthur, Harry Bayliff, Walter Beard, Keith Brown, Gary Coss, Jerry Crowe, James Duncan, Stevan Fines, Joel Franzen, Benjamin Giroud, Rick Glenn, Carl Hall, Jerry Herrod, Melvin Johnson, William Matthias, Jr., Craig Landers, Joseph Lewis, Ervin Marble, Willie Miles, John T. Monroe, Todd Overstreet, Billy Richey, Mark Schuttler, Steven Smitherman, Barney Stover, Andrew Thomas, Elijah Thomas, Lavon Thomas, Peter Thompson, Enoch Vinnegar, Jr., James Wyatt, Appellee-Plaintiff.

Court of Appeals of Indiana, Second District.

Transfer Denied May 18, 1995.

Attorney(s) appearing for the Case

Theodore J. Nowacki, V. Samuel Laurin, III, Bose McKinney & Evans, Indianapolis, for appellant.

Neil E. Gath, Fillenwarth Dennerline Groth & Towe, Indianapolis, for appellee.

Douglas D. Small, Adam A. Milani, Barnes & Thornburg, South Bend, for amicus curiae.

Karl L. Mulvaney, Nana Quay-Smith, Julie C. Payne, Bingham Summers Welsh & Spilman, Ann Carr Mackey, Sommer & Barnard, PC, Indianapolis, for amici curiae.

OPINION

KIRSCH, Judge.

The Plaintiff-Appellees (the Claimants) are employee welfare benefit plans (the Plans), voluntary unincorporated associations doing business as labor organizations (the Labor Organizations), and laborers or cement masons (the Employees) who were employed by J. Cris Corporation (J. Cris) on the Belmont and Southport Wastewater Treatment Projects (the Projects). BMW Constructors, Inc. (BMW) was the primary contractor for the City of...

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