The Carpenters Amended and Restated Health Benefit Fund, and Its Trustees, Cross v. John W. Ryan Construction Co., Inc., Cross

TATE, Circuit Judge:

The principal issue of this appeal is whether an employer, sued by employee benefit plans for delinquent contributions, may avoid liability for statutory interest and attorney’s fees by paying the delinquent contributions after suit is brought but before judgment. We affirm the determination of the district court that the delinquent employer remains liable for interest and attorney’s fees sought by the suit to enforce also the obligation for delinquent contributions, despite the employer’s payment of the delinquent amounts before judgment.

I

The Employee Retirement Income…