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MAXWELL v. LUCKY CONST. CO., INC.

No. 82-5782.

710 F.2d 1395 (1983)

John C. MAXWELL, et al., Plaintiffs-Appellees, v. LUCKY CONSTRUCTION COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1983.

As Amended August 22, 1983.

Attorney(s) appearing for the Case

Scott A. Wilson, Little, Mendelson, Fastiff & Tichy, San Diego, Cal., for defendant-appellant.

Wayne Jett, Jett, Clifford & Laquer, Los Angeles, Cal., for plaintiffs-appellees.

Before ELY, SNEED, and TANG, Circuit Judges.

ELY, Circuit Judge:

Lucky Construction Company [Lucky] appeals from a judgment finding it in breach of a collective bargaining agreement entered into with the International Union of Operating Engineers, Local No. 12. Suit was initiated against Lucky under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a) (1976), by the trustees of the Operating Engineers' fringe benefit funds. The trustees successfully...

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