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CEMENT MASONS'-EMPLOYERS' TRUST v. DAVIS

No. 14956.

695 P.2d 1270 (1985)

107 Idaho 1131

CEMENT MASONS'-EMPLOYERS' TRUST, Cement Masons'-Employers' Pension Trust, Cement Masons'-Employers' Vacation Trust, and Cement Masons'-Employers' Apprenticeship and Training Trust, Plaintiffs-Appellants, v. K.H. DAVIS, Defendant-Respondent.

Court of Appeals of Idaho.

February 4, 1985.

Attorney(s) appearing for the Case

Andrew M. Chasan (argued) and Charles Bauer, of Lyons, Bohner, Chasan & Walton, Boise, for plaintiffs-appellants.

W. Joe Anderson, of Sharp, Anderson, Bush & Nelson, Idaho Falls, for defendant-respondent.

WALTERS, C.J., BISTLINE, Justice of the Supreme Court sitting by assignment of the Supreme Court, and OLIVER, Retired District Judge sitting by assignment of the Supreme Court.

OLIVER, Acting Judge.

This appeal arises from an action to enforce the terms of labor agreements signed by defendant-respondent K.H. Davis, requiring payment of fringe benefit contributions to plaintiffs-appellants' Trust Funds. Appellants appeal from the district court's disallowance of liquidated damages and attorney fees allegedly due them under the labor agreements. We reverse.

Respondent Davis has been in the building industry for nearly 40 years and...

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