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ARIZONA LABORERS, TEAMSTERS, ETC. v. HANLIN

No. 1 CA-CIV 6929.

148 Ariz. 23 (1985)

712 P.2d 936

ARIZONA LABORERS, TEAMSTERS AND CEMENT MASONS LOCAL 395 HEALTH AND WELFARE TRUST FUND, a Trust; Arizona Laborers, Teamsters and Cement Masons Local 395 Pension Trust Fund, a Trust; Laborers and Cement Masons Local 395 Savings Fund, a Trust; and Laborers Joint Training Fund, a Trust, Plaintiffs-Appellants, Cross Appellees, v. H. James HANLIN, dba Jim Hanlin Contracting Company; H. James Hanlin and Audrey E. Hanlin, husband and wife; Fidelity & Deposit Company of Maryland; and Surety Insurance Company of California, Defendants-Appellees, Cross Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Motion for Reconsideration Denied September 9, 1985.

Attorney(s) appearing for the Case

J.T. Rich, Jr., P.C. by Joseph T. Rich, Jr. and Ward & Keenan, Ltd. by Gerald Barrett and Janet Smith Hepner, Phoenix, for plaintiffs-appellants, cross appellees.

Jennings, Kepner & Haug by Donald W. Hart and D. Kim Lough, Phoenix, for defendants-appellees, cross appellants Hanlin and Fidelity & Deposit Co.

Hill, Savoy & Ensign by Curtis D. Ensign, Phoenix, for defendant-appellee, cross appellant Surety Ins. Co.

OPINION

HAIRE, Judge.

This appeal is taken from judgment after trial to the court in favor of the defendant, H. James Hanlin, doing business as Jim Hanlin Contracting Company (Hanlin). Hanlin, a contractor, executed a Memorandum Agreement by which he agreed to be bound by the Arizona Master Labor Agreement. The Master Labor Agreement is an industry-wide collective bargaining agreement negotiated between several unions performing construction work and a multi...

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