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CHICAGO TRUCK DRIVERS v. BROTHERHOOD LABOR LEASING

No. 99-1913.

207 F.3d 500 (2000)

CHICAGO TRUCK DRIVERS, Helpers and Warehouse Workers Union Pension Fund, a pension trust; George Ossey, Tony Cullotta, John Broderick, and William H. Carpenter, the present trustees, Plaintiffs-Appellants, v. BROTHERHOOD LABOR LEASING, a Missouri corporation; MFI Leasing Company, a Missouri corporation; Falls City Industries, Inc., a Kentucky corporation; and Middlewest Freightways, Inc., a Missouri Corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 24, 2000.

Attorney(s) appearing for the Case

David S. Allen, Chicago, IL, argued (Nelson L. Mitten, St. Louis, MO, on the brief), for appellant.

Peter G. Bender, St. Louis, MO, argued, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and ALSOP, District Judge.

ALSOP, District Judge.

Appellants, Chicago Truck Drivers, Helpers and Warehouse Workers Union Pension Fund and its present trustees (the "Fund"), moved before a magistrate judge for certification of facts supporting a finding of contempt against the Appellees and their sole officer and shareholder, Steven Gula. The magistrate judge denied the motion, finding that the Fund was "unable to produce evidence sufficient for a finding that the defendants have assets for...

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