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PLUMBERS & PIPEFITTERS LOCAL 625 v. NITRO CONST.

No. 20-2080.

27 F.4th 197 (2022)

PLUMBERS & PIPEFITTERS LOCAL 625; Plumbers & Steamfitters Local 565; Plumbers & Steamfitters Local 83; West Virginia Pipe Trades Health and Welfare Fund, Plaintiffs-Appellants, v. NITRO CONSTRUCTION SERVICES, INC., f/k/a Nitro Electric Company, Inc., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2022.

Attorney(s) appearing for the Case

ARGUED: Avrum Levicoff , THE LEVICOFF LAW FIRM, Pittsburgh Pennsylvania, for Appellants. R. Booth Goodwin, II , GOODWIN & GOODWIN, LLP, Charleston, West Virginia, for Appellee. ON BRIEF: John Dascoli , JOHN DASCOLI, PLLC, Charleston, West Virginia, for Appellants. Benjamin B. Ware , Shanna L. Brown , Lucas R. White , GOODWIN & GOODWIN, LLP, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Richardson joined. Judge Wynn wrote a dissenting opinion.

Plaintiffs, a group of labor unions and the West Virginia Pipe Trades Health and Welfare Fund, sued Nitro Construction for liquidated damages after Nitro made a series of tardy payments to the Fund. The district court granted summary judgment to Nitro, holding that the liquidated damages constituted penalties and were therefore...

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