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  5. 787 F.Supp. 759 (1992)
 

NOE v. R.D. JONES, EXCAVATING, INC.

No. C2-91-230.

787 F.Supp. 759 (1992)

M.L. NOE, Administrator of the Ohio Operating Engineers Health and Welfare Plan, Ohio Operating Engineers Pension Fund, Ohio Operating Engineers Apprenticeship Fund, and Ohio Operating Engineers Education and Safety Fund, and Trustees of the Ohio Operating Engineers Health and Welfare Plan, Ohio Operating Engineers Pension Fund, Ohio Operating Engineers Apprenticeship Fund, and Ohio Operating Engineers Education and Safety Fund, Plaintiffs, v. R.D. JONES, EXCAVATING, INC., Defendant.

United States District Court, S.D. Ohio, E.D.

March 10, 1992.

Attorney(s) appearing for the Case

Lowell B. Howard, Jr., Jonathan Ross Vaughn, Columbus, Ohio, for plaintiffs.

Daniel Russell Volkema, Columbus, Ohio, for defendant.

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

This matter is before the court upon the Plaintiffs' motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. On December 2, 1991, the Defendant, R.D. Jones Excavating, Inc. filed a memorandum contra to which the Plaintiffs filed a reply.

FACTS

On March 26, 1991, the Plaintiffs, M. L. Noe, Administrator and the Trustees for the Ohio Operating Engineers Health...

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