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ELLIS v. ALL STEEL CONST., INC.

No. 03-6130.

389 F.3d 1031 (2004)

Gerald B. ELLIS; William H. Noble; Michael Ellis; Robert Luellen, as Trustees of Oklahoma Operating Engineers Welfare Plan; Oklahoma Operating Engineers Welfare Plan; Local 627 International Union of Operating Engineers Apprenticeship & Training, District 2 Joint Apprenticeship & Training Committee; International Union of Operating Engineers Central Pension Fund, Participating Employers; Local 627 International Union Of Operating Engineers, Plaintiffs-Appellees, v. ALL STEEL CONSTRUCTION INC., an Oklahoma corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 15, 2004.

Attorney(s) appearing for the Case

John A. Claro of Claro and Claro, Oklahoma City, OK, and Charles W. Ellis of Charles W. Ellis, PLLC, Oklahoma City, OK, for Defendant-Appellant.

Kelly F. Monaghan of Holloway & Monaghan, Tulsa, OK, for Plaintiffs-Appellees.

Before EBEL, ANDERSON, and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

The plaintiff employee benefit plans obtained a judgment against Interstate Builders, Inc. for delinquent plan contributions under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, and § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. When collection efforts failed, plaintiffs filed this action to enforce the judgment against defendant All Steel Construction Inc. as the alter-ego...

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