Donald Kern v. Goebel Fixture Co.

LOKEN, Circuit Judge.

Two trustees of the Plasterers and Cabinet Makers Health Fund (the “Fund”) brought this action asserting claims under § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(a), and § 515 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1145, to collect unpaid benefit contributions allegedly owed by Goebel Fixture Co. (“Goe-bel”). The district court 1 granted sum mary judgment on all claims because the governing Trust Agreement unambiguously required contributions only for employees “represented by the Union,” and it was undisputed that…