Operating Engineers Pension Trust v. Beck Engineering & Surveying Co.

TUTTLE, Senior Circuit Judge:

This action was brought under Section 301 of the Labor Management Relations Act (LMRA) (29 U.S.C. § 185) and Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1132(a)(3)) by two employee benefit trust funds seeking recovery of delinquent amounts claimed under a collective bargaining agreement. Plaintiffs and defendants both moved for summary judgment. The district court granted in part and denied in part each motion and rendered summary judgment disposing of all issues, from which plaintiffs have appealed and defendants have…