United Order of American Bricklayers and Stone Masons Union No. 21 v. Thorleif Larsen and Son, Incorporated

PELL, Circuit Judge.

The sole issue in this appeal is whether a “liquidated damages” provision in a contract between the parties is enforceable as denominated or is unenforceable as a penalty. Plaintiff brought suit in the district court against defendant, an employer, pursuant to Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185 et seq., to recover money due jointly administered fringe benefit funds plus “liquidated' damages” which had accrued under the provisions of the contract as a result of payments being made after the due dates. The only contested…