In an action brought under the Labor Management Relations Act and ERISA, district court judgment is affirmed where: 1) the court did not err in admitting the audit report into evidence, as the report was not inadmissible hearsay; 2) the court properly allowed the the auditor’s employee to testify about the report as he was qualified to lay a foundation for the admission of the report; and 3) the court’s properly denied plaintiff’s request to recover their auditors’ fees, as plaintiff’s did not meet the burden of showing that the requested costs were necessarily incurred and reasonable. 

Read Trustees of the Chicago Plastering Institute Pension Trust v. Cork Plastering Co., No. 07-3960

Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued December 1, 2008Decided July 1, 2009

JudgesBefore BAUER, ROVNER, and EVANS, Circuit Judges.Opinion by ROVNER, Circuit Judge.

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