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MORIARTY EX REL. LOCAL UNION NO. 727 v. SVEC

Nos. 03-1699, 03-1743.

429 F.3d 710 (2005)

Thomas J. MORIARTY, Trustee On Behalf of the LOCAL UNION NO. 727, I.B.T. PENSION TRUST, AND THE TEAMSTERS LOCAL UNION NO. 727 HEALTH AND WELFARE TRUST, Plaintiff-Appellee, Cross-Appellant, v. James F. SVEC, individually and doing business as Svec & Sons Funeral Home and doing business as West Suburban Livery, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 21, 2005.

Attorney(s) appearing for the Case

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

Douglas A. Darch, James R. Cho (argued), Seyfarth Shaw, Chicago, IL, for Defendant-Appellant, Cross-Appellee.

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

FLAUM, Chief Judge.

In this successive appeal, James F. Svec ("Svec"), the owner of Svec & Sons Funeral Home ("Home") and West Suburban Livery ("WSL"), two sole-proprietorships, appeals the district court's determination that Svec was an employee during the relevant time period and was therefore required under a collective bargaining agreement to make contributions on his behalf to a pension fund and a health and welfare fund ("Funds"), both of which have plaintiff...

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