IDAHO PLUMBERS & PIPEFITTERS HEALTH AND WELFARE FUND v. UNITED MECHANICAL CONTRACTORS, INC.

Nos. 87-4159, 87-4162.

875 F.2d 212 (1989)

IDAHO PLUMBERS AND PIPEFITTERS HEALTH AND WELFARE FUND; Idaho Plumbers and Pipefitters Pension Fund; Idaho Plumbers and Pipefitters Apprenticeship and Journeyman's Training Fund and Idaho Plumbers and Pipefitters Savings Trust Fund, Plaintiffs-Appellants, Cross-Appellees, v. UNITED MECHANICAL CONTRACTORS, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1989.


Attorney(s) appearing for the Case

Andrew M. Chasan, Boise, Idaho, for plaintiffs-appellants, cross-appellees.

Wayne V. Meuleman, Boise, Idaho, for defendant-appellee, cross-appellant.

Before WRIGHT, TANG and WIGGINS, Circuit Judges.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

We determine whether a provision of a Multi-Employer Pension Plan imposing liquidated damages for delinquent contributions is void as a penalty.

FACTS

The plaintiffs are four trust funds. They administer jointly a Master Labor-Management Agreement (MLA) between the Union Contracts Group of APHC of Idaho, Inc. and the Idaho State Pipe Trades Association....

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