Bricklayers' Pension Trust Fund v. Taiariol

MARTIN, Circuit Judge.

This appeal, raises two questions concerning the propriety of including prejudgment interest in an award for damages under the Labor-Management Relations Act of 19471 and the Employee Retirement Income Security Act of 1974.2 The District Court held that Section 1961 of Title 18 of the United States Code precluded an award for prejudgment interest in cases where jurisdiction is based upon a federal question. Appellants3 contend that the court miscon*989strued Section 1961 and that an award is proper in an action premised on these statutes.

Section 1961 provides:

Interest shall…