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MARSHALL v. BAGGETT

Nos. 09-3147, 10-1051.

616 F.3d 849 (2010)

Rod MARSHALL, Trustee of Contractors Laborers, Teamsters and Engineers Health & Welfare Plan and Contractors Laborers, Teamsters and Engineers Pension Plan; David Hayes, Trustee of Contractors Laborers, Teamsters and Engineers Health & Welfare Plan and Contractors Laborers, Teamsters and Engineers Pension Plan; Ron Fucinaro, Trustee of Contractors Laborers, Teamsters and Engineers Health & Welfare Plan and Contractors Laborers, Teamsters and Engineers Pension Plan; Robert Hayworth, Trustee of Contractors Laborers, Teamsters and Engineers Health & Welfare Plan and Contractors Laborers, Teamsters and Engineers Pension Plan; Timothy McCormick, Trustee of Contractors Laborers, Teamsters and Engineers Health & Welfare Plan and Contractors Laborers, Teamsters and Engineers Pension Plan; Laborers' International Union of North America, LOCAL 1140; Kim Quick, Trustee of Contractors Laborers, Teamsters and Engineers Health & Welfare Plan and Contractors Laborers, Teamsters and Engineers Pension Plan; Plaintiffs-Appellees, v. Theresa BAGGETT, doing business as Baggett Masonry, Inc., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 17, 2010.

Attorney(s) appearing for the Case

Aaron A. Clark , argued, Omaha, NE, for appellant.

Jeff Miller , argued, Maynard H. Weinberg , Duncan Alexander Young, Sr. , Keith I. Kosaki , on the brief, Omaha, NE, for appellee.

Before RILEY, Chief Judge, CLEVENGER and COLLOTON, Circuit Judges.

CLEVENGER, Circuit Judge.

Ms. Theresa Baggett appeals from a default judgment issued in favor of the Trustees of the Contractors, Laborers, Teamsters and Engineers Health & Welfare Plan and Pension Plan ("the Plans") and the Laborers' International Union of North America, Local 1140 ("the Union") (collectively "the plaintiffs"). Ms. Baggett argues that the district court erred in granting the default judgment because the complaint does not support a judgment against...

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