United States Eighth Circuit

In an ERISA action on behalf of certain pension funds against a construction company claiming that defendants failed to contribute union employees' fringe benefits to the funds as required by collective bargaining agreements, summary judgment for plaintiffs is reversed where plaintiffs did not produce sufficient evidence to show the absence of trialworthy issues on the issue of whether defendant corporation was used to perpetrate a fraud.

Appellate Information

• Decided 02/25/2010
• Published 02/25/2010

Judges

• BYE, Circuit Judge., Before MURPHY and BYE, Circuit Judges, and STROM,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Anne M. Lindner, argued, St. Louis, MO, Douglas M. Weems, Kansas City, MO, on the brief, for appellant.


• For Appellees:
  
• Paul Edwin Torlina, argued, Kansas City, MO, Michael G. Newbold, Kansas City, MO, on the brief, for appellee.