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Legal Opinion

Bricklayers Local 21 of Illinois Apprenticeship & Training Program v. Banner Restoration, Inc.

Court of Appeals for the Seventh Circuit

Decided September 22, 2004No. 02-3512PublishedCited by 8 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

The plaintiffs brought this action to compel an audit of Banner Restoration, Incorporated (“Banner”) to determine ERISA compliance. Banner filed a counterclaim, seeking a refund of prior payments. After a bench trial, the district court ordered an audit and denied Banner’s counterclaim. Banner timely appealed. For the following reasons, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

The present dispute involves trust fund litigation to ensure that an employer has paid all required fringe benefit contributions. The employer, Banner, is an Illinois…

2Cases cited23 opinions

  1. Arroyo v. United StatesSupreme Court of the United States · 1959
  2. United Mine Workers of America Health & Retirement Funds v. RobinsonSupreme Court of the United States · 1982
  3. Kathleen Moglia v. James GeogheganCourt of Appeals for the Second Circuit · 1969
  4. Harold W. Hinson, D/B/A Hen House Market No. 3 v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1970
  5. Operating Engineers Local 139 Health Benefit Fund v. Gustafson Construction CorporationCourt of Appeals for the Seventh Circuit · 2001

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3Cited by8 opinions

  1. Sullivan v. William A. Randolph, Inc.Court of Appeals for the Seventh Circuit · 2007
  2. Clyde O. Carter, Jr. Lawrence Hopkins, Stephen Jeffery, Appellant/cross-Appellee v. The Kansas City Southern Railway Company, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2006
  3. Bricklayers Local 21 Of Illinois Apprenticeship And Training Program v. Banner Restoration, IncorporatedCourt of Appeals for the Seventh Circuit · 2004
  4. Bricklayers Local 21 of Illinois Apprenticeship & Training Program v. Banner Restoration, Inc.Court of Appeals for the Seventh Circuit · 2004
  5. Bricklayers Local 21 Of Illinois Apprenticeship And Training Program v. Banner Restoration, IncorporatedCourt of Appeals for the Seventh Circuit · 2004

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

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