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TRUSTEES OF CARPEN. & MILLWRIGHTS, ETC. v. KIPCO, INC.

No. 76-1754.

567 F.2d 951 (1977)

TRUSTEES OF the CARPENTERS & MILLWRIGHTS HEALTH BENEFIT TRUST FUND, Trustees of the Centennial State Carpenters Pension Trust Fund, Trustees of the Colorado Carpenters Vacation Trust Fund, Trustees of the Colorado Carpenters Joint Apprenticeship Trust Fund, Plaintiffs-Appellants, v. KIPCO, INC., a Colorado Corporation, and American Employers Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 23, 1977.

Attorney(s) appearing for the Case

Brian T. Campbell of Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for appellants.

W. Robert Ward of Weller, Friedrich, Hickisch & Hazlitt, Denver, Colo., for appellees.

Before SETH and BARRETT, Circuit Judges, and ROGERS, District Judge.

BARRETT, Circuit Judge.

Trustees of the Carpenters & Millwrights Health Benefit Trust Fund, et al., (Trustees) appeal from an order and judgment of dismissal after trial to the court. Trustees had sought recovery on a surety bond issued by defendant-appellee, American Employers Insurance Company (American).

In 1971, one David R. Johnson (Johnson) was in the construction business operating under the name of "David R. Johnson dba Kipco." On December...

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