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HOISTING & PORTABLE ENG. LOCAL NO. 701 v. PIONEER CONST. CO.

Civ. No. 68-704.

313 F.Supp. 753 (1970)

HOISTING AND PORTABLE ENGINEERS LOCAL NO. 701, Plaintiff, v. PIONEER CONSTRUCTION COMPANY, an Oregon corporation, and Carl Halvorson, Daryl K. Mason and Howard V. Morgan, co-partners doing business as Rivergate Rock Products, Defendants.

United States District Court, D. Oregon.

February 17, 1970.

Attorney(s) appearing for the Case

Don S. Willner, Willner, Bennett & Leonard, Portland, Or., for plaintiff.

Norman B. Kobin, Kobin & Meyer, Portland, Or., for defendant Pioneer Const. Co.

W. F. Lubersky, Michael G. Holmes, McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for defendants Carl Halvorson, Daryl K. Mason and Howard V. Morgan, co-partners doing business as Rivergate Rock Products.

OPINION

ALFRED T. GOODWIN, District Judge:

Local 701, Hoisting and Portable Engineers, sues defendants under 29 U.S.C. § 185(a) for breach of a collective-bargaining agreement. The sole issue is whether defendant Rivergate Rock Products is a successor to defendant Pioneer Construction Co. for the purposes of the bargaining agreement.

The facts are agreed. Pioneer is an inactive corporation which formerly operated both a commercial rock-crushing...

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