LENON v. ST. PAUL MERCURY INS. CO.

No. 96-1549.

136 F.3d 1365 (1998)

Douglas LENON; Greg Polak; Louis J. Veltrie; William C. Peterson; and Luciano Busnardo, not in their individual capacities but in their capacities as Trustees of the Colorado Tile, Marble and Terrazzo Workers' Pension Trust Fund and Trustees of the Local No. 6 Colorado Tile Layers, Marble Masons and Terrazzo Workers Vacation Fund; Walter Kardy; and Frank Stupar, not in their individual capacities, but in their capacities as Trustees of and as the Administrative Committee of the Bricklayers and Trowel Trades International Pension Fund and the Bricklayers and Allied Craftworkers International Health Fund; and the Colorado Tile, Marble and Terrazzo Contractors Association, a Colorado non-profit corporation, Plaintiffs-Appellees, v. ST. PAUL MERCURY INSURANCE COMPANY, a Minnesota corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 18, 1998.


Attorney(s) appearing for the Case

Timothy J. Parsons, David B. Seserman, and Dean C. Heizer of Gorsuch Kirgis, L.L.C., Denver, CO, for Plaintiffs-Appellees.

Laurence M. McHeffey and Frank C. Porada of McElroy, Deutsch & Mulvaney, Denver, CO, for Defendant-Appellant.

Before KELLY and HENRY, Circuit Judges, and DOWNES, District Judge.


PER CURIAM.

Plaintiffs, the trustees of four union trust funds and the Colorado Tile, Marble and Terrazzo Contractors Association, brought this action against defendant St. Paul Mercury Insurance Company seeking to recover under a surety bond St. Paul had issued to Wilkinson & Company. Plaintiffs' claims are based on a judgment in their favor in a separate action they brought against Wilkinson (the Wilkinson action or case) seeking fringe benefit contributions...

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