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WAGGONER v. NORTHWEST EXCAVATING, INC.

Nos. 78-2816, 78-2984.

642 F.2d 333 (1981)

William C. WAGGONER et al., etc., Plaintiffs-Appellees and Cross-Appellants, v. NORTHWEST EXCAVATING, INC., etc., Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1981.

Rehearing Denied May 15, 1981.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., for Waggoner.

James G. Johnson, Hill, Farrer & Burrill, Los Angeles, Cal., on brief; Stanley E. Tobin, Los Angeles, Cal., argued, for defendant-appellant and cross-appellee.

Before PREGERSON and NELSON, Circuit Judges, and TURRENTINE, District Judge.

PREGERSON, Circuit Judge:

This action was brought by the Trustees of four union trust funds to recover employee fringe benefit contributions from Northwest Excavating, Inc. The Trustees contend that Northwest should have made payments to the trust funds based on the hours worked by one Frank Sandoval and his helpers, and by several owner-operators of construction equipment. After a two-day trial, the district court held Northwest liable solely for contributions for...

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