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WAGGONER v. C & D PIPELINE CO.

No. 77-3949.

601 F.2d 456 (1979)

William C. WAGGONER et al., etc., Plaintiffs-Appellants, v. C & D PIPELINE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 24, 1979.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., argued for plaintiffs-appellants.

Jackson, Lewis, Schnitzler & Krupman, New York City, Eugene, Button, Los Angeles, Cal. (argued), for defendant-appellee.

Before HUFSTEDLER and SNEED, Circuit Judges, and SPENCER WILLIAMS, District Judge.

HUFSTEDLER, Circuit Judge:

The trustees of four employee benefit trusts appeal a summary judgment award in an action against C & D Pipeline Co. ("C & D") for failure to make fringe benefit contributions allegedly required by a collective bargaining agreement. The question on appeal is whether the agreement requires contributions for all hours worked by employees who perform any covered work or only for the hours actually worked in covered employment. We hold...

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