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VERMEER v. TOMKEN CONST., INC.

No. A 7904-02022; CA 16780.

618 P.2d 1301 (1980)

49 Or.App. 37

Neil VERMEER, J. Abbott, H. Frazier, W.K. Reynolds, E.M. Van Cleave, C. Anderson, L. Clinton, H. Herzberg, F. Hastie, Jr., H. Dick, W. Sivers, K. Twedt, J. Van Lom, A. Norbraten, R. Cronn, Sr., R. Anderson, M. Lowery, Trustees, Appellants, v. TOMKEN CONSTRUCTION, Inc., Respondent.

Court of Appeals of Oregon.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Herbert B. Galton, Portland, argued the cause for appellants. With him on the brief was Galton, Popick & Scott, Portland.

No appearance made by respondent.

Paul T. Bailey, Portland, argued the cause and filed a brief amicus curiae for Oregon-Washington Carpenters-Employers Trust Funds.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

Plaintiffs, trustees of employe benefit plans known as Oregon Laborers-Employers Trust Funds, brought suit to enforce the terms of their collective bargaining agreement with defendants to recover unpaid employe benefit contributions, as well as liquidated damages, audit fees, attorney fees, interest, costs and disbursements.

Defendant demurred, alleging that since the plan administered by plaintiffs is subject to the Employee Retirement Insurance...

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