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SEYMOUR v. HULL & MORELAND ENGINEERING

No. 76-3232.

605 F.2d 1105 (1979)

Joseph H. SEYMOUR, Harold Edwards, C. W. Burke, John L. Connolly, Donald Meir, Richard L. Corbit, Robert Zahm, Arthur Preston, Gene Nicks, E. J. Strecker, H. C. Dennis and James Kirst, each in respective capacity as Trustee of the Operating Engineers Health & Welfare Fund, Joseph H. Seymour, Harold Edwards, C. V. Holder, John L. Connolly, Donald Meir, Richard L. Corbit, Robert Zahm, Arthur Preston, Steve Harrison, E. J. Strecker, H. C. Dennis, Gene Nicks, James Kirst and J. C. Maxwell, each in his respective capacity as Trustee of the Operating Engineers Pension Trust, Plaintiffs-Appellants, v. HULL & MORELAND ENGINEERING, a partnership, and Hull-Moreland & Associates, Inc., a corporation, Defendants-Appellees, and International Union of Operating Engineers, Local Union No. 12, AFL-CIO, Plaintiff in Intervention.

United States Court of Appeals, Ninth Circuit.

October 4, 1979.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., Goldstein, Freedman, Ownbey & Klepetar, Los Angeles, Cal., for plaintiffs-appellants.

Ronald J. Klepetar, Los Angeles, Cal., for defendants-appellees.

Before BROWNING and ANDERSON, Circuit Judges, and CLAIBORNE, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Plaintiffs appeal from a judgment below partially denying them recovery against Hull & Moreland Engineering, a partnership, for contributions allegedly due employee trust funds under the terms of a collective bargaining agreement. Plaintiffs assign various other errors, which we discuss herein. We affirm in part, and reverse in part.

Jurisdiction below was based upon § 301(a) of the Labor Management Relations Act...

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