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CARTER v. CMTA-MOLDERS & ALLIED HEALTH & WELFARE

No. 83-2104.

736 F.2d 1310 (1984)

John R. CARTER, d/b/a Bay City Foundry Co., Plaintiff-Appellant, v. CMTA-MOLDERS & ALLIED HEALTH AND WELFARE TRUST, etc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Henry D. Lederman, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for plaintiff-appellant.

Douglas M. Moore, Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for defendants-appellees.

Before WALLACE, FLETCHER and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

John R. Carter, the sole proprietor of Bay City Foundry Company, appeals the summary judgment entered in favor of the defendants, employee health and welfare and pension trust funds. Carter argues that the contributions he made to the funds for a five and-a-half-year period during which he had not signed a collective bargaining or trust agreement should be refunded to him because (1) the contributions were "illegal" under section 302 of the...

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