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KEMMIS v. McGOLDRICK

No. 82-5466.

706 F.2d 993 (1983)

Winton KEMMIS, et al., Plaintiffs-Appellants, v. James P. McGOLDRICK, individually and doing business as James P. McGoldrick Consulting Engineers, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1983.

Attorney(s) appearing for the Case

Wayne Jett, Jett, Clifford & Lacquer, Los Angeles, Cal., for plaintiffs-appellants.

Michael Bourbeau, Los Angeles, Cal., for defendant-appellee.

Before SKOPIL, NELSON and CANBY, Circuit Judges.

SKOPIL, Circuit Judge:

The trustees of four employee benefit funds appeal the district court's judgment for the employer in their action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132 (1976 & Supp. V 1981), to enforce payment of trust fund contributions. We reverse.

FACTS AND PROCEEDINGS BELOW

McGoldrick, the owner of a consulting engineering firm, signed a short form collective bargaining agreement with Local...

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