073909P.pdf   09/09/2008  Contractors, Laborers, etc.  v.  M & S Grading, Inc.
   U.S. Court of Appeals Case No:  07-3909
   District of Nebraska - Omaha   
   [PUBLISHED] [Melloy, Author, with Arnold and Benton, Circuit Judges]
   Civil case - bankruptcy. Employee benefit plan contributions were not
   employee contributions because they were not withheld from the
   employees' paychecks; as a result, the trustee did not err in using the
   funds to pay off the debtor's other creditors; bankruptcy court did not
   abuse its discretion in denying the plans' motion for permission to
   commence litigation against the bank which received the funds, as the
   trustee's decision not to pursue such litigation was reasonable;
   bankruptcy court did not abuse its discretion in denying plans' equitable
   subordination claims under 11 U.S.C. Sec. 510; bankruptcy court did not
   abuse its discretion in denying plans' motion to remove bankruptcy
   trustee, and the bankruptcy court was not required to hold a hearing
   before denying the motion.