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KERN v. GOEBEL FIXTURE CO.

No. 13-3185.

765 F.3d 871 (2014)

Donald KERN; William Grimm, as Trustees of the Plasterers & Cabinet Makers Health Fund, Plaintiffs-Appellants v. GOEBEL FIXTURE CO., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2014.

Attorney(s) appearing for the Case

Corey J. Ayling , argued ( Amy Lu Court , Carl S. Wosmek , on the brief), Minneapolis, MN, for appellant.

Noah G. Lipschultz , argued ( Marko Joseph Mrkonich , on the brief), Minneapolis, MN, for appellee.

Before LOKEN, BEAM, and GRUENDER, Circuit Judges.

LOKEN, Circuit Judge.

Two trustees of the Plasterers and Cabinet Makers Health Fund (the "Fund") brought this action asserting claims under § 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185(a), and § 515 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1145, to collect unpaid benefit contributions allegedly owed by Goebel Fixture Co. ("Goebel"). The district court1 granted summary...

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