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SOUTHERN ELEC. HEALTH FUND v. KELLEY

No. 3:00-0448, 3:02-0152, 3:02-0129, 3:01-0216.

308 F.Supp.2d 847 (2003)

SOUTHERN ELECTRICAL HEALTH FUND, et al., Plaintiffs, v. Donna KELLEY and Joe Kelley, each d/b/a K.T.E. Electric, Defendants, v. John W. Cates Construction Co., Inc., Third Party Defendant/Cross-Claim Plaintiff.

United States District Court, M.D. Tennessee, Nashville Division.

September 30, 2003.

Attorney(s) appearing for the Case

Robert Jan Jennings, Branstetter, Kilgore, Stranch & Jennings, Nashville, TN, Patrick J. O'Hara, Cavanagh & O'Hara, Springfield, IL, for Southern Electrical Health Fund, Carolinas Electrical Workers Retirement Fund, National Electrical Benefit Fund, Carolinas Electrical Workers Joint Apprenticeship & Training Fund, Atlantic Coast Chapter — NECA, Local 553 International Brotherhood of Electrical Workers, National Labor Management Cooperation Committee, Coalition for Political Education, Board 63 Collection Account Trust, pltfs.

MEMORANDUM

ECHOLS, District Judge.

These four consolidated actions involving Plaintiffs' claims under the Miller Act and the Employee Retirement Income Security Act of 1974 ("ERISA"), as well as breach of contract cross-claims between Defendants and Third-Party Defendants, came before the Court for a bench trial from June 3 to June 6, 2003. This Memorandum Opinion constitutes the Court's findings of fact and conclusions of law as required by Fed.R...

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