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BD. OF TRUSTEES, SHEET METAL WORKERS v. FOUR-C-AIRE

No. 20-2181.

42 F.4th 300 (2022)

BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND, Plaintiff-Appellee, and Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry; Board of Trustees, National Energy Management Institute Committee; Board of Trustees, National Stabilization Agreement for the Sheet Metal Industry Trust Fund; Board of Trustees, Sheet Metal Occupational Health Institute Trust Fund; Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Plaintiffs, v. FOUR-C-AIRE, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2022.

Attorney(s) appearing for the Case

ARGUED: Michael E. Avakian , PRAEMIA LAW, PLLC, Reston, Virginia, for Appellant. Diana Migliaccio Bardes , MOONEY, GREEN, SAINDON, MURPHY & WELCH, PC, Washington, D.C., for Appellee. ON BRIEF: John R. Mooney , Lauren P. McDermott , MOONEY, GREEN, SAINDON, MURPHY & WELCH, PC, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Niemeyer and Judge Agee joined.

The Board of Trustees of the Sheet Metal Workers' National Pension Fund ("the Fund") seeks to recover a delinquent exit contribution from Four-C-Aire, Inc., a former participating employer, under § 515 of the Employee Retirement Income Security Act of 1974 ("ERISA"). 29 U.S.C. § 1145. The Fund claims Four-C-Aire's...

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