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AUDIT SERVICES, INC. v. ROLFSON

No. 79-4004.

641 F.2d 757 (1981)

AUDIT SERVICES, INC., Plaintiff-Appellee, v. Marselius ROLFSON d/b/a Rolfson Company and Marcus Rolfson d/b/a Rolfson Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1981.

As Amended April 13, 1981.

Attorney(s) appearing for the Case

C. B. McNeil, Turnage & McNeil, East Polson, Mont., for defendants-appellants.

Maxon R. Davis, Cure & Borer, Great Falls, Mont., for plaintiff-appellee.

Before VAN DUSEN, ANDERSON and BOOCHEVER, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

The defendants appeal the judgment of the district court awarding plaintiff Audit Services, Inc., sums allegedly due to its assignors, certain union trust funds, as contributions for time worked by the defendants' nonunion employees. We affirm in part and reverse in part.

I. BACKGROUND

Marselius and Marcus Rolfson, father and son, respectively, are now engaged in separate business ventures in Polson, Montana...

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