Operating Engineers Pension Trust, and Cross-Appellees v. Harold E. Reed, Etc., and Cross-Appellants

The Operating Engineers Pension Trust (Trust), initiated this action in district court under. 29 U.S.C. §§ 1132 (g), 1145 (Supp. V 1981) to recover unpaid contributions. The defendant below, Hal Reed, ran a construction crane business as a sole proprietorship. In August 1979 Reed incorporated his business as Hal’s Crane Co. Hal’s Crane Co. acquired all of the assets and assumed all of the liabilities of Reed’s business. Prior to incorporation, Reed had signed a collective bargaining agreement which obligated him to make certain payments to the Trust. Upon its creation Hal’s Crane Co. assumed identical duties.

After trial the district court found that Reed and Hal’s Crane Co. had failed to make payments to the Trust, as required under the collective bargaining agreement. The district court granted judgment against Reed and Hal’s Crane Co., jointly and severally. In addition to the unpaid contributions, the district court awarded the trust audit costs and liquidated damages; but, the court refused to grant the Trust either interest on the moneys not paid or attorney’s fees.

On appeal the Trust alleges that it should have been granted both interest on the moneys withheld and…