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MORIARTY v. PEPPER

Nos. 01-1034, 01-1080.

256 F.3d 554 (2001)

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, v. George PEPPER, individually, as sole proprietor of Hills Funeral Home, and Hills Funeral Home, Ltd., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 2, 2001.

Attorney(s) appearing for the Case

William W. Leathem (argued), Jacobs, Burns, Orlove, Stanton & Hernandez, Chicago, IL, for Plaintiff-Appellee.

James E. Mahoney (argued), Griffith & Jacobson, Chicago, IL, for Defendant-Appellant.

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

FLAUM, Chief Judge.

Thomas J. Moriarty, in his capacity as Trustee for the Local Union No. 727 I.B.T. Pension Trust and the Teamsters Local Union No. 727 Health and Welfare Trust (the "Funds"), filed suit against George Pepper and Hills Funeral Home, Ltd. ("Hills"), pursuant to the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185 and the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3), seeking to recover employer...

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