Legal Opinion

Construction Industry Retirement Fund of Rockford v. Kasper Trucking, Inc.

Court of Appeals for the Seventh Circuit

Decided November 19, 1993No. 93-1330PublishedCited by 7 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Kasper Trucking uses the services of drivers who own their own rigs. Between May 1984 and August 1986 Kasper treated them as employees for purposes of pension and health coverage, deducting money from their pay and remitting the sums to multiemployer plans covered by the Employee Retirement and Income Security Act (ERISA). Kasper eventually decided that the drivers are independent contractors who may not participate in the plans. It sent letters asking for refunds aggregating $85,000. The pension *467fund filed an action in the nature of inter-pleader offering to pay…

2Cases cited20 opinions

  1. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  2. International Brotherhood of Teamsters v. DanielSupreme Court of the United States · 1979
  3. Forgay v. ConradSupreme Court of the United States · 1848
  4. In the Matter of Oil Spill by the Amoco Cadiz Off the Coast of France on March 16, 1978Court of Appeals for the Seventh Circuit · 1992
  5. Kenneth P. Bidlack v. Wheelabrator CorporationCourt of Appeals for the Seventh Circuit · 1993

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3Cited by7 opinions

  1. National Tax Credit Partners, L.P., and National Tax Credit, Inc. v. Edward F. Havlik, Virgil W. Owings, and United Development Management CompanyCourt of Appeals for the Seventh Circuit · 1994
  2. Cleveland Hair Clinic, Inc. v. PuigCourt of Appeals for the Seventh Circuit · 1997
  3. Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall Trustee v. Paramount Liquor Co.Court of Appeals for the Seventh Circuit · 2000
  4. Cleveland Hair Clinic, Inc. v. PuigCourt of Appeals for the Seventh Circuit · 1997
  5. The Construction Industry Retirement Fund of Rockford v. Kasper Trucking, Inc., Kasper Trucking, Inc. v. The Construction Industry Welfare Fund, Rockford, IllinoisCourt of Appeals for the Seventh Circuit · 1993

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