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HAWAII CARPENTERS' TRUST FUNDS v. ALOE, ETC.

No. 6865.

633 P.2d 1106 (1981)

HAWAII CARPENTERS' TRUST FUNDS (Pension Trust Fund, by its Trustees Ed F. Fitzsimmons, Richard Hirano, Richard K.W. Tom, Stanley S. Yanagi, Stanley Ito, and Masayuki Yamamoto; Health and Welfare Trust Fund, by its Trustees Robert M. Kaya, Raymond Nagata, Albert Hamamoto, Yoshio Hokamura, Mitsuo Yakuma, and Masayuki Yamamoto; Apprenticeship & Training Trust Fund, by its Trustees Kenneth Shioi, Fred Fleischmann, Keiji Nakano, Stanley S. Yanagi, Stanley Ito, and Edward Cantere; Vacation and Holiday Trust Fund, by its Trustees Fritz Hewitt, Bill Park, James M. Takeyama, Stanley S. Yanagi, Masayuki Yamamoto, and Stanley Ito), Lienors-Appellees, v. ALOE DEVELOPMENT CORP., a Hawaii Corporation, Finance Investment Company, Limited, a Hawaii Corporation, and Polynesian Shores, Inc., a Hawaii Corporation, Owners, to Rovens Construction Corp., a Hawaii Corporation, Respondent-Appellant.

Supreme Court of Hawaii.

August 31, 1981.

Attorney(s) appearing for the Case

Richard T. Kaneko, Honolulu (Herbert T. Ikazaki, Honolulu, with him on the briefs; Ikazaki, Devens, Lo, Youth & Nakano, Honolulu, of counsel), for respondent-appellant.

David T. Fujikawa, Honolulu (Joseph A. Kinoshita, Honolulu, with him on the brief; Kinoshita & Fujikawa, Honolulu, of counsel), for lienors-appellees.

Before RICHARDSON, C.J., OGATA, LUM and NAKAMURA, JJ. and MARUMOTO, Retired Justice, in place of MENOR, J., excused.

NAKAMURA, Justice.

May the trustees of an employee benefit trust fund, in the course of an attempt to enforce the obligation of an employer to make fund contributions required under a collective bargaining agreement, claim a lien on real property that has been improved in part through labor performed by employee-beneficiaries pursuant to the agreement? We conclude the Circuit Court of the Second Circuit properly allowed Lienors-appellees Trustees of the Hawaii Carpenters...

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