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HAMILTON v. CARELL

No. 99-6171.

243 F.3d 992 (2001)

Michael HAMILTON, Independent Fiduciary, SCIW Health & Welfare Trust Fund; Southern Council of Industrial Workers Health & Welfare Trust Fund, Plaintiffs-Appellants, v. James W. CARELL; Achiever Corporation; J.W. Carell Administrators, Inc., & J.W. Carell Administrators & Consultants, Inc.; Diversified Health Management, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 22, 2001.

Attorney(s) appearing for the Case

ARGUED: David M. Cook, (argued and briefed), Cincinnati, Ohio, for Plaintiffs-Appellants.

James G. Thomas, (argued and briefed), William T. Ramsey, NEAL & HARWELL, Nashville, Tennessee, for Defendants-Appellees.

ON BRIEF: David M. Cook, Cincinnati, Ohio, for Appellants.

James G. Thomas, NEAL & HARWELL, Nashville, Tennessee, for Appellees.

Before: MARTIN, Chief Judge; COLE, Circuit Judge; NUGENT, District Judge.

OPINION

R. GUY COLE, JR., Circuit Judge.

Plaintiffs-Appellants Michael Hamilton and the Southern Council of Industrial Workers Health and Welfare Trust Fund appeal the district court's judgment entered following a bench trial in favor of Defendants-Appellees James W. Carell and various corporations owned, operated, and controlled by Carell, including Diversified Health Management, Inc. ("DHM"). This action stems from the purchase and handling of certain...

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