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United States Seventh Circuit


Trustees of the Chicago Plastering Institute Pension Trust v. Cork Plastering Co., 07-3960

In an action brought under the Labor Management Relations Act and ERISA, district court judgment is affirmed where: 1) the court did not err in admitteding the audit report into evidence, as the report was not inadmissible hearsay; 2) the court properly allowed the the auditor's employee to testify about the report as he was qualified to lay a foundation for the admission of the report; and 3) the court's properly denied plaintiff's request to recover their auditors' fees, as plaintiff's did not meet the burden of showing that the requested costs were necessarily incurred and reasonable.

Appellate Information

  • Argued 12/01/2008
  • Decided 07/01/2009
  • Published 07/01/2009

Judges

  • ROVNER, Circuit Judge., Before BAUER, ROVNER, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • David Huffman-Gottschling (argued), Sherrie E. Voyles, Jacobs, Burns, Orlove, Stanton & Hernandez, Chicago, IL, for Plaintiffs-Appellees, Cross-Appellants., Alan L. Garrow (argued), Nealis & Garrow, Batavia, IL, for Defendant-Appellant, Cross-Appellee.
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