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PADDACK v. McDONALD

TC No. 223493; CA A24973; SC 29121.

661 P.2d 545 (1983)

294 Or. 667

Rychen PADDACK, Leo Griffiths, Henry Hannan, Garry P. Goodwin, Marvin Hall, Carl M. Halvorson, John Kain, Frank B. Hastie, Jr., Clare Woodward and Allen Rettman, As Trustees for the Oregon-Washington Carpenters-Employers Health and Welfare, Pension and Vacation Savings Trust Funds, and Rychen Paddack, Henry Hannan, Garry P. Goodwin, Marvin Hall, Leo Griffiths, Carl M. Halvorson, V.A. Harding, Allen Rettman, John Kain, and Ronald L. Anderson, As Trustees for the Oregon-Washington Carpenters-Employers Apprenticeship and Training Trust Fund, and Marvin Hall, As Agent for State Council Deduction, and Frank B. Hastie, Jr., As Agent for Construction Industry Advancement Fund, Petitioners On Review, v. Jess E. McDonald, Jr., Dba Jess E. McDonald, Jr., Contractor, Respondent On Review.

Supreme Court of Oregon.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Thomas J. Barnett, Portland, argued the cause for petitioners on review. With him on the petition were David S. Paull and Bailey & Paull, Portland.

William J. Howe, III, of Howe & Harris, Portland, argued the cause and filed a response to the petition for respondent on review.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

JONES, Justice.

Plaintiffs brought this suit for an examination of defendant's payroll records and for recovery of any unpaid fringe benefit contributions found due as a result of the payroll examination, pursuant to the Labor Management Relations Act of 1947, 29 U.S.C. § 141, et seq., and the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq., as amended.

Defendant filed a motion to dismiss the plaintiffs' complaint...

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