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MINNESOTA LABORERS HEALTH AND WELFARE v. SCANLAN

No. 03-1069.

360 F.3d 925 (2004)

MINNESOTA LABORERS HEALTH AND WELFARE FUND, Minnesota Laborers Pension Fund, Minnesota Laborers Vacation Fund, Construction Laborers Education and Training Fund of Minnesota and North Dakota, Minnesota Laborers Employers Cooperation and Education Fund, Appellants, v. Peter M. SCANLAN, doing business as S.B.S. Enterprises, Specialty Building Services, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed February 10, 2004.

Order Denying Petition for Rehearing and Rehearing March 19, 2004.

Attorney(s) appearing for the Case

Pamela Hodges Nissen, argued, Minneapolis, Minnesota, for appellant.

Timothy C. Krsul, argued, Minneapolis, Minnesota (Sarah L. Beuning, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, HEANEY, and FAGG, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc March 19, 2004.

The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied.

HEANEY, Circuit Judge.

This is an action by five benefit funds (the Funds) against Peter Scanlan, Specialty Building Services, Inc. (SBS), and SBS Enterprises. The Funds sought an order requiring SBS Enterprises to produce various business records for an audit, and a judgment...

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