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MICHIGAN LABORERS HEALTH CARE FUND v. SEABOARD SUR.

No. 96-2241.

137 F.3d 427 (1998)

TRUSTEES FOR MICHIGAN LABORERS' HEALTH CARE FUND, Michigan Laborers' VC Fund, Michigan Laborers' Training Fund, State of Michigan Laborers' District Council Pension Fund, the Industry Advancement Program of the Labor Relations Division of the Associated General Contractors, Michigan Chapter, and Joseph Kaczmarek, individually, Plaintiffs-Appellees, v. SEABOARD SURETY COMPANY, a New York insurance company, a New Jersey corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1998.

Attorney(s) appearing for the Case

Steven F. Spender (argued and briefed), David A. Wecker (briefed), Spender & Robb, Flint, MI, for Plaintiffs-Appellees.

Thomas D. Dyze (argued and briefed), Detroit, MI, for Defendant-Appellant.

Before: NORRIS, SUHRHEINRICH, and CUDAHY, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiffs in this case are trustees of various pension funds, and an individual laborer, Joseph Kaczmarek. They brought this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., to collect payment from a bond posted pursuant to the Michigan Public Works Act, Mich. Comp. Laws §§ 129.201-12 ("the Public Works Act"). The district court awarded summary...

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