Legal Opinion

Berry v. Garza

Court of Appeals for the Eighth Circuit

Decided November 15, 1990No. 90-1651PublishedCited by 11 opinions

1Opinion of the Court

LAY, Chief Judge.

The Trustees of the Building Service Employees Insurance Welfare Fund (“Fund”) brought this action pursuant to sections 502 and 515 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1132 and 1145 (1989), to recover from Paul Garza delinquent contributions owed the Fund under a collective bargaining agreement. Garza asserted that the collective bargaining agreement was void because of lack of majority representation. The district court granted summary judgment in favor of Garza. 734 F.Supp. 411. On appeal we hold that Garza’s obligation is…

2Cases cited6 opinions

  1. Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
  2. Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.Supreme Court of the United States · 1988
  3. International Ladies' Garment Workers' Union v. National Labor Relations BoardSupreme Court of the United States · 1961
  4. Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
  5. Benson v. Brower's Moving & StorageCourt of Appeals for the Second Circuit · 1990

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

3Cited by11 opinions

  1. Agathos v. Starlite MotelCourt of Appeals for the Third Circuit · 1992
  2. Agathos v. Starlite MotelCourt of Appeals for the Third Circuit · 1992
  3. Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Independent Fruit and Produce Co., a Missouri Corporation, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Walter A. Rubin, D/B/A M.J.M. Produce Exchange, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Sugar Ripe Banana Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. N.E. Friedmeyer-Sellmeyer Distributing Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Salvatore Pupillo, D/B/A Pupillo Fruit Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. George A. Heimos Produce Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. William Mantia Fruit Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. St. Louis Banana and Tomato Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Lamperson Fruit & Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Lombardo Fruit and Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. John Moon Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Stanley Produce, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Robert Johnson, D/B/A J. Johnson, Fruit & Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Adolph A. Solomon and Irl S. Solomon, Statutory Trustees for Adolph & Ceresia Produce Co., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. United Fruit & Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Goldman Fruit & Produce Co., Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Jules J. Schwartz and Joseph F. Schwartz, D/B/A New Market Produce Company, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Franklin Produce Company, a Missouri Corporation, Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. Marske Produce Company, Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. George A. Heimos Produce Co., Inc., Central States, Southeast and Southwest Areas Pension Fund, and Howard McDougall Trustee v. N.E. Friedmeyer-Sellmeyer Distributing CompanyCourt of Appeals for the Eighth Circuit · 1990
  4. Malden Mills Industries, Inc. v. ILGWU National Retirement FundDistrict Court, D. Massachusetts · 1991
  5. Central States, Southeast & Southwest Areas Pension Fund v. Independent Fruit & Produce Co.Court of Appeals for the Eighth Circuit · 1990

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