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NORTHWESTERN OHIO ADM'RS v. WALCHER & FOX

Nos. 00-3536, 00-3538.

270 F.3d 1018 (2001)

NORTHWESTERN OHIO ADMINISTRATORS, INC., Plaintiff, v. WALCHER & FOX, INC., Defendant-Appellee/Third-Party Plaintiff, International Association of Bridge, Structural, and Ornamental Iron Workers Local Union No. 55; Val Helldobler, Defendants-Appellants/Third-Party Defendants. Northwestern Ohio Administrators, Inc., Plaintiff-Appellee, v. Walcher & Fox, Inc., Defendant-Appellant/Third-Party Plaintiff.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 6, 2001.

Attorney(s) appearing for the Case

ARGUED: John M. Roca, GALLON & TAKACS, Toledo, Ohio, Alan G. Ross, ROSS, BRITTAIN & SCHONBERG, Cleveland, Ohio, for Defendants. Robert A. Koenig, SHUMAKER, LOOP & KENDRICK, Toledo, Ohio, for Plaintiff.

ON BRIEF: John M. Roca, Joseph M. D'Angelo, GALLON & TAKACS, Toledo, Ohio, Alan G. Ross, Fred N. Seleman, ROSS, BRITTAIN & SCHONBERG, Cleveland, Ohio, for Defendants. Robert A. Koenig, James H. O'Doherty, SHUMAKER, LOOP & KENDRICK, Toledo, Ohio, for Plaintiff.

Before: KEITH, NORRIS, and BATCHELDER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

ALICE M. BATCHELDER, Circuit Judge.

These two interlocutory appeals arise out of a single case, and we have therefore consolidated them for purposes of this appeal. Plaintiff-Appellee Northwestern Ohio Administrators, Inc., ("NOA") a non-profit corporation that administers employee benefit plans under the Employment Retirement Income Security Act ("ERISA") and the Labor Management Relations Act ("LMRA")...

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