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Civil Procedure Keyed to Marcus
Ray Haluch Gravel Co. v. Central Pension Fund of the International Union of Operating Engineers and Participating Employers
Citation:
571 U.S. 177 (2014)Facts
Central Pension Fund and other benefit funds (collectively “the Funds”) brought suit against Ray Haluch Gravel Co. under ERISA and the Labor Management Relations Act, seeking unpaid benefit contributions, as well as attorney’s fees and costs. The collective bargaining agreement (CBA) between the parties provided for payment of contributions to the Funds and also contained a provision requiring Haluch to pay attorney’s fees and costs incurred in collecting delinquent contributions. The district court issued its merits decision on June 17, 2011, awarding the Funds $26,897.41 in unpaid contributions. Later, on July 25, 2011, the court ruled on the Funds’ motion for attorney’s fees, awarding $34,688.15. The Funds filed their notice of appeal on August 15, 2011, which was within 30 days of the attorney’s fees decision but more than 30 days after the merits decision.
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