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Borntrager v. Cent. States SE & SW Areas Pension Fund, No. 08-2008

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By FindLaw Staff on August 21, 2009 4:08 PM

In a case involving the expulsion of plaintiffs-employer and employees from a pension fund, district court's judgment for defendant is affirmed where: 1) the court had jurisdiction over the wrongful expulsion claim under 29 U.S.C. section 185(a); 2) the court did not err in granting summary judgment in favor of defendants under the broad language of Article III section 1 of the Trust Agreement and defendant-Central States' determination that it had the authority to expel plaintiffs was not contrary to the Labor Management Relations Act or ERISA; 3) the defendant's expulsion of plaintiffs did not violate this circuit's precedents; and 4) the court did not err in awarding attorney fees and litigation costs to defendant under the Trust Agreement.     

Borntrager v. Cent. States SE & SW Areas Pension Fund, No. 08-2008

Appellate Information

Submitted: May 12, 2009

Filed: August 21, 2009

Judges

Opinion by Riley, Circuit Judge

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