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IN RE E. V. MOORE OF CALIFORNIA, INC.

No. 24493.

447 F.2d 1106 (1971)

In the Matter of E. V. MOORE OF CALIFORNIA, INC., a corporation, Bankrupt. Orlando J. BOWMAN, Trustee in Bankruptcy, Appellant, v. BAY AREA PAINTERS TRUST FUND, Appellee.

United States Court of Appeals, Ninth Circuit.

August 17, 1971.

Attorney(s) appearing for the Case

Lynn A. Koller (argued), Milton Maxwell Newmark, Lafayette, Cal., for appellant.

Theodore Akulian (argued), Douglas R. Page, Walnut Creek, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, BROWNING and KILKENNY, Circuit Judges.

MADDEN, Judge:

The Bay Area Painters Trust Fund was the trustee into whose hands employers of union painters were, under a collective bargaining agreement between the painters' union and the Painting Contractors Association, required to pay sums of money which were intended, under the agreement, to be paid over by the trustee to the individual painters who had worked for members of the Contractors Association. The money involved in this appeal is "vacation pay" and...

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