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OPERATING ENGINEERS PENSION TRUST v. CHARLES MINOR EQUIPMENT RENTAL, INC.

No. 84-6044.

778 F.2d 538 (1985)

OPERATING ENGINEERS PENSION TRUST, Operating Engineers Health & Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Plaintiffs/Appellants, v. CHARLES MINOR EQUIPMENT RENTAL, INC., Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

December 12, 1985.

Attorney(s) appearing for the Case

Wayne Jett, Brian Ray Hodge, Jett, Clifford & Laquer, Los Angeles, Cal., for plaintiffs/appellants.

Albert J. Tomigal, Wilson Clark, Marina Del Rey, Cal., for defendant/appellee.

Before SCHROEDER, FLETCHER and FARRIS, Circuit Judges.

ORDER

The majority opinion filed July 22, 1985, 766 F.2d 1301, is amended as follows:

At page 1304, column 2, line 3, delete the words "res judicata" and substitute "binding...

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