Central Pension Fund of the International Union of Operating Engineers & Participating Employers v. Ray Haluch Gravel Co.
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This appeal requires us to resolve two issues of first impression in this circuit. The first, which has divided our sister circuits, relates to judgment finality. The second relates to what happens when an employer fails to keep appropriate records concerning work covered by the benefit-remittance provisions of a collective bargaining agreement. After careful consideration, we hold that the appeal is timely as to all issues and that both the judgment on the benefit-remittance claim and the judgment awarding attorneys’ fees are open to appellate review. We further hold…
2Cases cited29 opinions
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
- Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc.Supreme Court of the United States · 1985
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3Cited by20 opinions
- Ray Haluch Gravel Co. v. Cent. Pension Fund of the Int'l Union of Operating Eng'rs & Participating Emp'rsSupreme Court of the United States · 2014
- Central Pension Fund of the International Union of Operating Engineers & Participating Employers v. Ray Haluch Gravel Co.Court of Appeals for the First Circuit · 2014
- House of Flavors, Inc. v. TFG-Michigan, L.P.Court of Appeals for the First Circuit · 2012
- Bunn Enterprises, Inc. v. Ohio Operating Engineers Fringe Benefit ProgramsDistrict Court, S.D. Ohio · 2014
- (PS) Olson v. PuckettDistrict Court, E.D. California · 2023
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