OPERATING ENGINEERS PENSION TRUST v. REED

Nos. 83-5782, 83-5844.

726 F.2d 513 (1984)

OPERATING ENGINEERS PENSION TRUST, et al., Plaintiffs-Appellants and Cross-Appellees, v. Harold E. REED, etc., et al., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 17, 1984.


Attorney(s) appearing for the Case

Wayne Jett, Brian Ray Hodge, Jett, Clifford & Laquer, Los Angeles, Cal., for plaintiffs-appellants and cross-appellees.

Chester A. Barchiesi, Barchiesi & Barbara, Woodland Hills, Cal., for defendants-appellees and cross-appellants.

Before SNEED, KENNEDY and SCHROEDER, Circuit Judges.


KENNEDY, Circuit Judge:

The Operating Engineers Pension Trust (Trust), initiated this action in district court under 29 U.S.C. §§ 1132(g), 1145 (Supp. V 1981) to recover unpaid contributions. The defendant below, Hal Reed, ran a construction crane business as a sole proprietorship. In August 1979 Reed incorporated his business as Hal's Crane Co. Hal's Crane Co. acquired all of the assets and assumed all of the liabilities of Reed's business. Prior to incorporation...

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