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BOETTCHER SEWER & EXCAVATING v. MIDWEST OP. ENG.

No. S90-564M.

803 F.Supp. 1420 (1992)

JOHN BOETTCHER SEWER & EXCAVATING CO., LTD., Plaintiff, v. MIDWEST OPERATING ENGINEERS WELFARE FUND, et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

September 28, 1992.

Attorney(s) appearing for the Case

William H. Fallon, Grand Rapids, Mich., for plaintiff.

Alan H. Auerbach, James M. Neuman, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

MILLER, District Judge.

Plaintiff John Boettcher Sewer & Excavating Co., Ltd. ("Boettcher") seeks to enforce a settlement agreement allegedly reached between Boettcher and the Midwest Operating Engineers Fringe Benefit Funds ("Funds").1 For the reasons that follow, the court finds that Boettcher's motion should be granted.

I.

Boettcher originally brought this action under the Employee...

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