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IRWIN v. CARPENTERS HEALTH AND WELFARE TRUST FUND

No. 83-2283.

745 F.2d 553 (1984)

Wayne C. IRWIN, Plaintiff-Appellee, v. CARPENTERS HEALTH AND WELFARE TRUST FUND FOR CALIFORNIA; Carpenters Pension Trust Fund for Northern California; Carpenters Vacation and Holiday Trust Fund for Northern California; and Carpenters Apprenticeship and Training Trust Fund for Northern California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1984.

Attorney(s) appearing for the Case

Robert M. Hirsch, Van Bourg, Allen, Weinberg, & Roger, San Francisco, Cal., for defendants-appellants.

Patricia S. Radez, Schacter, Kristoff, Ross, Sprague & Curaile, San Francisco, Cal., for plaintiff-appellee.

Before SNEED and FLETCHER, Circuit Judges and KENYON, District Judge.

KENYON, District Judge:

Defendant Trust Funds appeal from an order granting plaintiff's motion for summary judgment.

I. FACTS

Wayne C. Irwin ("Irwin") was a sole proprietor general contractor performing construction work in Northern California at all times relevant to this lawsuit. On March 9, 1972, he executed a memorandum agreement that bound him to the 1971-1974 Carpenters Master Labor Agreement ("MLA"). Irwin had previously been part of the 1965...

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