United States Eighth Circuit

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.

Appellate Information

• Decided 08/21/2009
• Published 08/21/2009

Judges

• RILEY, Circuit Judge., Before RILEY, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin M. Williams, argued, Washington, DC, Robert E. Konchar, Cedar Rapids, IA, and Hervey Heywood Aitken, II, Washington, DC, for appellants.


• For Appellees:
  
• John Joseph Franczyck, Jr., Rosemont, IL, for appellee.