LOUISIANA BRICKLAYERS v. ALFRED MILLER GEN. MASONRY

No. 97-30594.

157 F.3d 404 (1998)

LOUISIANA BRICKLAYERS & TROWEL TRADES PENSION FUND & WELFARE FUND, Plaintiff-Appellee, v. ALFRED MILLER GENERAL MASONRY CONTRACTING COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 16, 1998.


Attorney(s) appearing for the Case

Julie Marie Richard-Spencer, Louis L. Robein, Jr., Robein, Urann & Lurye, Metairie, LA, for Plaintiff-Appellee.

Edward J. Fonti, Jones, Tete, Nolen, Hanchey, Swift, Spears & Fonti, Lake Charles, LA, for Defendant-Appellant.

Before GARWOOD, JONES and WIENER, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Although Congress has conferred primary jurisdiction on the National Labor Relations Board ("NLRB") for most disputes arising in the labor context, the Employee Retirement Income Security Act of 1974 ("ERISA") established a remedy, enforceable in the district courts, whereby multiemployer plans may recover delinquent contributions from employers obligated to make the payments under the terms of a collective bargaining agreement ("CBA...

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