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PRODUCERS DAIRY DELIVERY CO. v. WESTERN CONFERENCE

Nos. 79-4127, 79-4154.

654 F.2d 625 (1981)

PRODUCERS DAIRY DELIVERY CO., INC., a California Corporation, Plaintiff-Appellee, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, a Trust Fund, et al., Defendants-Appellants, and Francis I. Cohea and Ace N. Work, Jr., Applicants for Intervention and Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1981.

Attorney(s) appearing for the Case

Harry Finkle, Patterson & Taggart, Fresno, Cal. (argued), for Producers Dairy; William A. Quinlan, Doty, Quinlan, Kershaw & Fanucchi, Fresno, Cal., on brief.

Noble K. Gregory, San Francisco, Cal. (argued), for Western Conference of Teamsters; C. Douglas Floyd, Pillsbury, Madison & Sutro, San Francisco, Cal., on brief.

Before HUG and SCHROEDER, Circuit Judges, and GRANT, District Judge.

HUG, Circuit Judge:

Plaintiff-Appellee Producer's Dairy Delivery Co., Inc. ("Producers") brought this action against the Western Conference of Teamsters Trust Fund ("the Trust") under section 302 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 186, alleging that the Trust was retaining illegally a portion of the contributions made into the Trust by Producers on behalf of its employees. Producers sought an accounting, declaratory relief, restitution...

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