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BERGER TRANSFER v. CENTRAL STATES

No. 95-2965.

85 F.3d 1374 (1996)

BERGER TRANSFER & STORAGE, Plaintiff-Appellee, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; Central States, Southeast and Southwest Areas Health and Welfare Fund; Marion Winstead, Trustee of said Funds; Robert Sansone, Trustee of said Funds; R. Jerry Cook, Trustee of said Funds; Harold D. Leu, Trustee of said Funds; Howard McDougall, Trustee of said Funds; Robert Baker, Trustee of said Funds; R.V. Pulliam, Trustee of said Funds; Arthur H. Bunte, Jr., Trustee of said Funds, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1996.

Attorney(s) appearing for the Case

Thomas M. Weithers, Rosemont, IL, argued (Albert M. Madden, on the brief), for appellant.

Andrew R. Clark, Minneapolis, MN, argued (Carole Clark Isakson, on the brief), for appellee.

Before FAGG, JOHN R. GIBSON, and WOLLMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The Central States, Southeast and Southwest Areas Pension and Health and Welfare Funds appeal the district court's1 judgment in favor of Berger Transfer and Storage. The Funds appeal the court's decision that the owner-operators driving for Berger Transfer are independent contractors. The Funds argue that the district court erred in applying the common-law test for determining independent contractor status...

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