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BRICKLAYERS LOCAL 21 v. BANNER RESTORATION

No. 02-3512.

385 F.3d 761 (2004)

BRICKLAYERS LOCAL 21 OF ILLINOIS APPRENTICESHIP AND TRAINING PROGRAM and Masonry Institute, Bricklayers Local 21 Pension Fund, Plaintiffs-Appellees, v. BANNER RESTORATION, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Robert B. Greenberg, Librado Arreola (argued), Asher, Gittler, Greenfield, & D'Alba, Chicago, IL, for Plaintiffs-Appellees.

Gerard C. Smetana (argued), Smetana & Avakian, Chicago, IL, for Defendant-Appellant.

Before BAUER, RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

The plaintiffs brought this action to compel an audit of Banner Restoration, Incorporated ("Banner") to determine ERISA compliance. Banner filed a counterclaim, seeking a refund of prior payments. After a bench trial, the district court ordered an audit and denied Banner's counterclaim. Banner timely appealed. For the following reasons, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

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