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WAGGONER v. DALLAIRE

No. CA 79-3542.

649 F.2d 1362 (1981)

William WAGGONER, et al., Plaintiffs-Appellant, v. Robert Lee DALLAIRE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1981.

Rehearing Denied September 4, 1981.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., for plaintiffs-appellants.

James D. Ream, Wright, Jenkins & Ream, Atascadero, Cal., for defendant-appellee.

Before KENNEDY and TANG, Circuit Judges, and SPEARS, District Judge.

TANG, Circuit Judge:

Trustees of four employee benefit trusts appeal a district court judgment. The trustees brought the action to collect delinquent fringe benefit contributions allegedly required by a collective bargaining agreement between a union and the appellee, the President of A-Jay Excavating Company. The district court held the collective bargaining agreement to be unenforceable under federal and California law. We reverse.

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