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Colussi v. Sandimo Materials

Defendants entitled to jury trial in action brought under ERISA and Labor Management Relations Act alleging defendants failed to pay contributions to union pension fund; motion for jury trial improperly denied and district court judgment vacated.

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Argued: December 13, 2000

Appellants appeal from a judgment entered on March 21, 2000, in accordance with Findings of Fact and Conclusions of Law entered on January 31, 2000 (Leonard Wexler, Judge), ordering plaintiffs to pay $7,536,021.59 plus interest to a union pension fund to compensate for unpaid contributions, arguing that the district court: (1) erred in striking their demand for a jury trial; (2) erred in finding that although one of the defendants had not signed certain collective bargaining agreements, it was bound to their terms by its conduct; (3) erroneously found that defendants constituted a single employer and that their employees comprised an appropriate single bargaining unit, making defendants jointly and severally liable under the collective bargaining agreements; (4) erred in finding that defendants were jointly and severally liable under the collective bargaining agreements due to their status as alter egos of one another; and (5) erred in its calculation of the amount due to plaintiffs.

Judgment vacated and case remanded for jury trial.

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