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193040P.pdf   08/06/2021  Rod Marshall  v.  Anderson Excavating & Wrecking
   U.S. Court of Appeals Case No:  19-3040
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Author, with Colloton and Erickson, Circuit Judges] 
   Civil case - Pension Plans. For the court's prior opinion in the matter, 
   holding that the district court legally erred in applying the alter-ego 
   doctrine to justify an award of unpaid contributions for an alleged 
   employee's work, see Marshall v. Anderson Excavating & Wrecking, 901 F.3d 
   936 (8th Cir. 2018). On remand, the district court removed all 
   contributions for the alleged employee's work and recalculated the amount 
   of prejudgment interest, liquidated damages and attorneys' fees Anderson 
   owed the union Pension Plan. The district court did not err in calculating 
   the prejudgment interest at the rate set by the Delinquent Policy and 
   Procedure document adopted by the Plan Trustees as part of the trust 
   agreement, which Anderson had agreed to; the district court properly 
   calculated the amount of liquidated damages; the award of attorneys' fees 
   is affirmed.