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BAKERY & CONFECTIONERY UNION v. NEW BAKERY OF OHIO

No. 96-4357.

133 F.3d 955 (1998)

BAKERY AND CONFECTIONERY UNION AND INDUSTRY INTERNATIONAL HEALTH BENEFITS AND PENSION FUNDS and Chairman Richard Hurt of the Funds' Board of Trustees, Plaintiffs-Appellants, v. NEW BAKERY COMPANY OF OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1998.

Attorney(s) appearing for the Case

Julia Penny Clark (argued and briefed), Alice Margaret O'Brien (briefed), Bredhoff & Kaiser, Washington, DC, Frederick G. Cloppert, Jr. (briefed), Cloppert, Portman, Sauter, Latanick & Foley, Columbus, OH, for Plaintiffs-Appellants.

Jan E. Hensel (argued and briefed), Buckingham, Doolittle & Burroughs, Columbus, OH, for Defendant-Appellee.

Before: KENNEDY, JONES, and CLAY, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs, Bakery and Confectionery Union and Industry International Health Benefits and Pension Funds, and Chairman Hurt of the Funds' Board of Trustees, appeal from the District Court's order granting summary judgment, in part, to the defendant, New Bakery Company of Ohio, in this action to collect unpaid pension plan contributions under section 515 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U...

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