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TODD v. JIM McNEFF, INC.

No. 80-5214.

667 F.2d 800 (1982)

Frank L. TODD, et al., Plaintiffs-Appellees, v. JIM McNEFF, INC., a California corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Steven D. Atkinson, Atkinson, Andelson, Rudd & Romo, Huntington Beach, Cal., for defendant-appellant.

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

Before TANG and BOOCHEVER, Circuit Judges, and NIELSEN, District Judge.

NIELSEN, District Judge:

This case arises under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. Trustees of certain trust funds created pursuant to 29 U.S.C. § 186(c), filed this action to recover fringe benefit contributions allegedly due and owing by the terms of a collective bargaining agreement. The following facts are uncontroverted in the record.

On September 13, 1978, Jim McNeff, Inc. (McNeff, Inc.) was employed as a subcontractor...

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