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PIO v. JOHN B. GILLILAND CONST.

560 P.2d 247 (1976)

276 Or. 975

Charles W. PIO, As Assignee of Rychen Paddack, et al., Appellant, v. JOHN B. GILLILAND CONSTRUCTION, Inc., an Oregon Corporation, et al., Respondents.

Supreme Court of Oregon, Department 2.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Dwayne R. Murray, Portland, argued the cause for appellant. With him on the briefs were Bailey, Doblie & Bruun, Portland.

Michael V. Phillips, Eugene, argued the cause for respondent. With him on the brief were Hammons, Phillips & Jensen, Eugene.

Before DENECKE, C.J., and McALLISTER, O'CONNELL and TONGUE, JJ.

McALLISTER, Justice.

This is a suit by the assignee of the trustees of trust funds established under the terms of a labor agreement to collect from an employer contributions to such funds and for an accounting to determine the amounts due. The trial court found for the defendants and entered a decree dismissing the suit. Plaintiff appeals. We reverse.

The basic issue is whether a Memorandum Agreement dated June 29, 1972 was binding on the defendant John B...

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