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MORIARTY v. SVEC

Nos. 99-4266, 99-4285.

233 F.3d 955 (2000)

Thomas J. MORIARTY, Trustee on behalf of the Trustees of the Local Union No. 727, I.B.T. Pension Trust, and the Trustees of the Teamsters Local Union No. 727 Health and Welfare Trust, Plaintiff-Appellee/Cross-Appellant, v. James F. SVEC, individually and d/b/a Svec & Sons Funeral Home and West Suburban Livery, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 2000.

Rehearing and Rehearing Denied January 3, 2001.

Attorney(s) appearing for the Case

David S. Allen (argued), Marisel A. Hernandez, Jacobs, Burns, Orlove, Stanton & Hernandez, Chicago, IL, for Moriarty.

Douglas A. Darch (argued), Seyfarth Shaw, Chicago, IL, for Svec.

Before FLAUM, Chief Judge, and MANION and EVANS, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 3, 2001.

FLAUM, Chief Judge.

In this successive appeal, James F. Svec, now a half-owner of Svec & Sons Funeral Home ("Home") and majority owner of West Suburban Livery ("WSL"), two sole proprietorships, challenges the district court's determination that Home owes contributions on his behalf to a pension fund and a health and welfare fund, both of which have plaintiff Thomas J. Moriarty on their respective...

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