Dugan v. Smerwick Sewerage Co.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
ILANA DIAMOND ROVNER, Circuit Judge.
The trustees of various union health and welfare funds filed suit against Smerwick Sewerage Co. pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq., in an effort to collect on contributions that the Funds contended were due under the “owner-operator” provision of the collective bargaining agreement to which Smerwick is a party. The district court granted summary judgment in favor of Smerwick. Dugan v. Smerwick Sewerage Co., No. 95 C 3223, 1996 WL 535306 (N.D.Ill.1996). It concluded that Patrick Moriarty, the former…
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