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MICHIGAN LABORERS' HEALTH CARE FUND v. GIBBONS

No. 98-1975.

209 F.3d 587 (2000)

TRUSTEES OF THE MICHIGAN LABORERS' HEALTH CARE FUND; Michigan Laborers' District Council Pension Fund; Michigan Laborers' Vacation Fund; Michigan Laborers' Training Fund; Construction Industry Advancement Fund, Plaintiffs-Appellants, v. Michael GIBBONS; William Gibbons; Gibbons Brothers Masonry, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2000

Rehearing and Suggestion for Rehearing Denied May 30, 2000.

Attorney(s) appearing for the Case

Christopher P. Legghio (argued), Martens, Ice, Geary, Klass, Legghio, Israel & Gorchow, Southfield, Michigan, Kenneth J. Foitt (briefed), Cameron, Miller & Associates, Plymouth, MI, for Appellants.

Michael J. Olson (argued), Thomas J. Kizer (briefed), Kizer Law Firm, Howell, Michigan, for Appellees.

Before: MARTIN, Chief Judge; DAUGHTREY, Circuit Judge; KATZ, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 30, 2000.

OPINION

DAUGHTREY, Circuit Judge.

The plaintiffs here are trustees of various employment benefit funds established by collective bargaining agreements between construction-industry employer associations and unions representing their employees. They filed suit pursuant to § 515 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1145 (1994), against...

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