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BD. OF TRUSTEES OF THE UNION v. B & B MECH. SERV.

No. 14-4017.

813 F.3d 603 (2015)

BOARD OF TRUSTEES OF THE PLUMBERS, PIPE FITTERS & MECHANICAL EQUIPMENT SERVICE, LOCAL UNION NO. 392 PENSION FUND, et al., Plaintiffs-Appellants, v. B & B MECHANICAL SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2015.

Rehearing En Banc Denied February 8, 2016.

Attorney(s) appearing for the Case

ARGUED: Joseph E. Mallon , Johnson & Krol LLC, Chicago, Illinois, for Appellants. Curtis L. Cornett , Cors & Bassett, LLC, Cincinnati, Ohio, for Appellee. ON BRIEF: Joseph E. Mallon , Jeffery A. Krol , Johnson & Krol LLC, Chicago, Illinois, for Appellants. Curtis L. Cornett , Cors & Bassett, LLC, Cincinnati, Ohio, for Appellee.

STRANCH, J., delivered the opinion of the court in which COLE, C.J., joined. GIBBONS, J. (pp. 614-15), delivered a separate dissenting opinion.

OPINION

Five multi-employer fringe benefit funds (the Funds) of the Plumbers, Pipe Fitters & Mechanical Equipment Service, Local Union 392 (the Union), filed suit to collect delinquent employee fringe benefit contributions from B & B Mechanical Services, Inc. (B & B), an Ohio commercial plumbing contractor...

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