Southern Electrical Health Fund v. Heritage Mutual Insurance

BOGGS, Chief Judge.

This commercial dispute pits a collection of employee welfare benefit and pension plans (the “plaintiffs”) against a construction company, John W. Cates Construction Company (“Cates Construction”), and its owner, John W. Cates (“Mr.Cates”). In the middle lies a second company, K.T.E. Electric (“K.T.E.”), and its owners, who took on subcontracts on two construction projects for Cates Construction. After a bench trial, the district court awarded the plaintiffs relief under the Miller Act. It further found that Mr. Cates and Cates Construction were in contempt of an injunction…