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DUGAN v. SMERWICK SEWERAGE CO.

Nos. 96-3618, 96-3724.

142 F.3d 398 (1998)

William E. DUGAN, Theodore Criel, et al., as Trustees of the Midwest Operating Engineers Welfare and Midwest Operating Engineers Pension Trust Funds, as Trustees of the Operating Engineers Local 150 Apprenticeship Fund, and as Trustees of the Local 150, I.U.O.E. Vacation Savings Plan, Plaintiffs-Appellants, Cross-Appellees, v. SMERWICK SEWERAGE COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 16, 1998.

Attorney(s) appearing for the Case

Alan H. Auerbach (argued), Laura M. Finnegan, Baum, Sigman, Auerbach, Pierson & Neuman, for Plaintiffs-Appellants.

Douglas A. Darch, John T. Murray (argued), James D. Jorgensen, Joshua M. Henderson, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Defendants-Appellees.

Before WOOD, JR., MANION, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

The trustees of various union health and welfare funds filed suit against Smerwick Sewerage Co. pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq., in an effort to collect on contributions that the Funds contended were due under the "owner-operator" provision of the collective bargaining agreement to which Smerwick is a party. The district court granted summary judgment in favor...

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