Legal Opinion

Indiana Carpenters Central & Western Indiana Pension Fund v. Seaboard Surety Co.

Indiana Court of Appeals

Decided October 19, 1992No. 49A02-9111-CV-510PublishedCited by 15 opinions

1Opinion of the Court

SHIELDS, Judge.

Indiana Carpenters Central and Western Pension Fund (Carpenters) appeals the trial court's dismissal of its complaint pursuant to Ind.Trial Rule 12(B)(6).

We reverse and remand for further proceedings.

ISSUES

1. Whether a pension and benefit plan has standing to file a claim against a statutorily-required payment bond for unpaid fringe benefits owed to the plan's members for work performed on a public works project.

2. Whether a pension and benefit plan has stated a claim upon which relief can be granted when its complaint fails to allege compliance with the notice provisions of IC…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. T.J. Kennedy v. Connecticut General Life Insurance Co.Court of Appeals for the Seventh Circuit · 1991
  2. Thompson v. City of AuroraIndiana Supreme Court · 1975
  3. City of Indianapolis v. SatzIndiana Supreme Court · 1978
  4. Townsend v. Cleveland Fire Proofing Co.Indiana Court of Appeals · 1897
  5. Thiele v. Ind. Dept. of HighwaysIndiana Court of Appeals · 1985

15 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Gray v. Westinghouse Electric Corp.Indiana Court of Appeals · 1993
  2. Wallem v. CLS Industries, Inc.Indiana Court of Appeals · 2000
  3. Moduform, Inc. v. Harry H. Verkler Contractor, Inc.Indiana Court of Appeals · 1997
  4. Performance Funding, L.L.C. v. Arizona Pipe Trade Trust FundsCourt of Appeals of Arizona · 2002
  5. Dow-Par, Inc. v. Lee Corp.Indiana Court of Appeals · 1994

10 more not listed; retrieve them via the Exa API.

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