TRUSTEES OF COLO. CARP. & MILLWRT. v. PINKARD CONST.

Nos. C-1382, C-1497.

604 P.2d 683 (1979)

The TRUSTEES OF the COLORADO CARPENTERS & MILLWRIGHTS HEALTH BENEFIT TRUST FUND, Colorado Centennial State Carpenters Pension Trust Fund, Colorado Carpenters Vacation Trust Fund and Colorado Carpenters Statewide Joint Apprenticeship, Education & Training Trust Fund, Petitioners, v. PINKARD CONSTRUCTION CO., The Travelers Indemnity Company, and Board of Education, Boulder Valley School District No. RE-2, Respondents. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, Local No. 9, Plaintiff-Appellant, v. CENTURY CONTRACTORS, INC., a Colorado Corporation, and The Travelers Indemnity Company, a Connecticut Corporation, jointly and severally, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 21, 1980.


Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, David M. Powell, Denver, for plaintiffs-appellants.

Meer, Wolf & Slatkin, Albert B. Wolf, Denver, for Pinkard Const. Co.

Brauer & Simons, P. C., Walter C. Brauer, III, Denver, for Sheet-Metal Workers Intern. Ass'n, Local No. 9.

Edward L. Volpe, Denver, for defendants-appellees.


HODGES, Chief Justice.

This review on certiorari involves the consolidation of two cases wherein the petitioners were each denied the right1 to seek recovery of unpaid fringe benefits which were to be paid into express trusts, created pursuant to the Labor Management Relations Act of 1947, 29 U.S.C. §§ 141 et seq. (1976). Several subcontractors to the respondents Pinkard Construction Co. (Pinkard) and Century Contractors...

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