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CARPENTERS, KANSAS CITY PENSION FUND v. JNL CONST.

No. 08-2283.

596 F.3d 491 (2010)

CARPENTERS DISTRICT COUNCIL OF KANSAS CITY PENSION FUND; Terry L. Davis, Trustee of the Carpenters District Council of Kansas City Pension Fund and the Kansas City and Vicinity Welfare Fund; Jeffrey Chaikin, Trustee of the Carpenters District Council of Kansas City Pension Fund and the Kansas City and Vicinity Welfare Fund; Carpenters District Council of Kansas City and Vicinity Welfare Fund, A Trust Fund; Carpenters District Council of Kansas City and Vicinity Apprenticeship and Training Fund, A Trust Fund; Joseph E. Pink, Trustee of the Carpenters District Council of Kansas City and Vicinity Apprenticeship and Training Fund, Appellees, v. JNL CONSTRUCTION CO., INC,; Larry K. McAllister; Nancy E. McAllister; TVM Rentals, LLC, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 25, 2010.

Attorney(s) appearing for the Case

Anne M. Lindner, argued, St. Louis, MO, Douglas M. Weems, Kansas City, MO, on the brief, for appellant.

Paul Edwin Torlina, argued, Kansas City, MO, Michael G. Newbold, Kansas City, MO, on the brief, for appellee.

Before MURPHY and BYE, Circuit Judges, and STROM, District Judge.

BYE, Circuit Judge.

JNL Construction Company, Inc. (JNL), Larry McAllister (Larry), Nancy McAllister (Nancy), and TVM Rentals, Inc. (TVM) appeal the district court's adverse grant of summary judgment in an action brought under section 502, see 29 U.S.C. § 1132 (civil enforcement), and section 515, see 29 U.S.C. § 1145 (delinquent contributions), of the Employment Retirement Security Income Act (ERISA). Upon de novo review, see Trs. of the Graphic...

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