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OPERATING ENGINEERS PENSION TRUST v. GIORGI

No. 85-5823.

788 F.2d 620 (1986)

OPERATING ENGINEERS PENSION TRUST, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Plaintiffs-Appellants, v. Luigi GIORGI, individually and doing business as Giorgi Cement Company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1986.

As Amended July 9, 1986.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., for plaintiffs-appellants.

Patricia Zugibe, Santa Ana, Cal., for defendant-appellee.

Before SNEED and KOZINSKI, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge:

Appellants, Operating Engineers Pension Trust and other Operating Engineers benefit trusts (the Trusts), appeal the district court's decision which found that appellee, Luigi Giorgi, a small subcontractor, is not bound by a collective bargaining agreement between the general contractor and the Operating Engineers Union. As a condition to remaining on the job, Giorgi signed a "short-form" agreement which incorporated the provisions of the collective...

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