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WAITS v. WELLER

Nos. 79-3262, 79-3526.

653 F.2d 1288 (1981)

Elmer L. WAITS, R. Lynn Hales, Thomas P. Edgar, Bruce Abbott, Employer Trustees of Plumbers and Pipefitters Health and Welfare Fund of Local 525, on Behalf of Plumbers and Pipefitters Health and Welfare Fund of Local 525, Plaintiffs, Appellees and Cross-Appellants, v. Richard A. WELLER, William Weber, John Grassmeier and Jack McGinty, Employee Trustees of Plumbers and Pipefitters Health and Welfare Fund of Local 525, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 525, An Unincorporated Association, Defendants, Appellants and Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1981.

Rehearing and Rehearing Denied October 15, 1981.

Attorney(s) appearing for the Case

Robert L. Dunn, Bancroft, Avery & McAlister, San Francisco, Cal., for Weller.

Norman Kirshman, Marina del Rey, Cal., argued, for Waits; Michael S. Harris, Kirshman & Rich, Marina del Rey, Cal., on brief.

Before SKOPIL, ALARCON and BOOCHEVER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 15, 1981.

BOOCHEVER, Circuit Judge.

Employer trustees of the Plumbers and Pipefitters Health and Welfare Fund of Local 525 (the "trust fund") brought this action on behalf of the trust against the employee trustees and Local 525 of the union ("defendants"). The trust fund was designed to provide health and welfare benefits to the employees of various contractors engaging in the plumbing and pipefitting industry...

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