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M & R INV. CO., INC. v. FITZSIMMONS

Nos. 80-5281, 80-5538.

685 F.2d 283 (1982)

M & R INVESTMENT COMPANY, INC., Plaintiff-Appellant, v. Frank C. FITZSIMMONS, et al., Defendants-Appellees, and Raymond Donovan, Secretary of Labor, United States Department of Labor, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1982.

Attorney(s) appearing for the Case

Andrew F. Puzder, St. Louis, Mo., argued, for M & R Inv. Co., Inc.; Morton R. Galane, Las Vegas, Nev., on brief.

Alan Mund, Fulop, Rolston, Burns & McKittrick, Beverly Hills, Cal., for Fitzsimmons, et al.

Richard P. Carr, Washington, D. C., for Marshall.

Before SNEED, HUG and SKOPIL, Circuit Judges.

HUG, Circuit Judge:

This is a consolidated appeal of two judgments by the district court. First, M & R Investment Co., Inc. (M & R) appeals the dismissal of its action for specific performance and damages for breach of contract by the Trustees of the Central States, Southeast and Southwest Areas Pension Fund (Trustees). The district court's decision is reported at M & R Investment Co., Inc. v. Fitzsimmons,...

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