Asbestos Workers Loc, et al v. Intl Maint Corp

*Judge of the U.S. Court of International Trade, sitting by
designation.
**Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-30103
_____________________
ASBESTOS WORKERS LOCAL 53 PENSION FUND;
ASBESTOS WORKERS LOCAL 53 WELFARE FUND;
ASBESTOS WORKERS LOCAL 53 VACATION FUND;
ASBESTOS WORKERS LOCAL 53 APPRENTICESHIP
FUND,
Plaintiffs-Appellees,
versus
INTERNATIONAL MAINTENANCE CORPORATION,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Eastern District of Louisiana, New Orleans
USDC No. 98-CV-2017-J
_________________________________________________________________
December 21, 2000
Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge.*
PER CURIAM:**
After a review of the briefs and records in this case, and
consideration of the arguments of counsel, we affirm the district
court’s judgment. We conclude that the district court did not err
in holding that Asbestos Workers Local 53 Pension Fund and the
other benefit trust funds in this case have standing to recover

-- 1 of 2 --

2
benefit contributions, and that International Maintenance
Corporation (“IMC”) violated the collective bargaining agreement
(“CBA”). Furthermore, we note that IMC did not meet the burden of
proof necessary to show that it complied with the hiring hall
clause of the CBA in hiring Raymond Aymond and Jerry Bendily. The
judgment of the district court is, therefore,
A F F I R M E D .

-- 2 of 2 --