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MARSHALL v. ANDERSON EXCAVATING & WRECKING CO.

No. 19-3040.

8 F.4th 700 (2021)

Rod MARSHALL, Trustee; Kim Quick, Trustee; Ron Kaminski, Trustee; Ron Fucinaro, Trustee; Frank Neuvirth, Trustee; Timothy McCormick, Trustee; International Union of Operating Engineers, Local 571; Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; Contractors, Laborers, Teamsters and Engineers Pension Plan, Plaintiffs-Appellees, v. ANDERSON EXCAVATING & WRECKING COMPANY, also known as Anderson Excavating Co., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2021.

Attorney(s) appearing for the Case

Keith I. Kosaki, I , Jeffrey Craig Miller , Duncan Alexander Young, Sr. , Young & White, M. H. Weinberg , Weinberg & Weinberg, Omaha, NE, for Plaintiffs-Appellees.

Theodore R. Boecker, Jr. , Boecker Law Firm, Omaha, NE, for Defendant-Appellant.

Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.

International Union of Operating Engineers, Local 571 ("Union") and trustees of the Contractors, Laborers, Teamsters, and Engineers Health and Welfare Plan ("Welfare Plan") and Pension Plan ("Pension Plan") (collectively, "plaintiffs") sued Anderson Excavating and Wrecking Co. ("Anderson Excavating") under 29 U.S.C. § 185...

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