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ORRAND v. HUNT CONST. GROUP, INC.

No. 16-3822.

852 F.3d 592 (2017)

Raymond ORRAND, Administrator of the Ohio Operating Engineers Health and Welfare Plan, Ohio Operating Engineers Pension Fund, Ohio Operating Engineers Apprenticeship Fund, Ohio Operating Engineers Education and Safety Fund; Trustees of the Ohio Operating Engineers Health and Welfare Plan; Ohio Operating Engineers Pension Fund; Ohio Operating Engineers Apprenticeship Fund, Ohio Operating Engineers Education and Safety Fund, Plaintiffs-Appellants, v. HUNT CONSTRUCTION GROUP, INC.; Donley's Inc.; Cleveland Concrete Construction, Inc. dba Cleveland Cement Contractors, Inc.; B & B Wrecking & Excavating, Inc.; Precision Environmental Company, Defendants-Appellees, National Labor Relations Board, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 30, 2017.

Attorney(s) appearing for the Case

ARGUED: Allen S. Kinzer , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Appellants. Frank W. Buck , LITTLER MENDELSON, PC, Cleveland, Ohio, for Hunt Construction Appellees. Martha A. Kinsella , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Intervenor-Appellee. ON BRIEF: Allen S. Kinzer , Daniel J. Clark , Elizabeth B. Howard , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Appellants. Frank W. Buck , Meredith C. Shoop , LITTLER MENDELSON, PC, Cleveland, Ohio, for Hunt Construction Appellees. Martha A. Kinsella , Kevin P. Flanagan , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Intervenor-Appellee. Basil W. Mangano , Ryan K. Hymore , MANGANO LAW OFFICES CO., L.P.A., Cleveland, Ohio, Terrance G. Reed , LANKFORD & REED P.L.L.C., Alexandria, Virginia, for Amici Curiae.

GUY, J., delivered the opinion of the court in which GRIFFIN, J., joined. CLAY, J. (pp. 597-601), delivered a separate dissenting opinion.

OPINION

Plaintiffs in this Employee Retirement Income Security Act (ERISA) contribution action appeal the district court's order granting defendants summary judgment. We hold that the National Labor Relations Board's jurisdictional award precludes plaintiffs' ERISA claims, and therefore affirm.

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