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WOODWARD SAND CO. v. WESTERN CONFERENCE OF TEAMSTERS

No. 85-5677.

789 F.2d 691 (1986)

WOODWARD SAND COMPANY, INC., and Sorrento Sand Company, Inc., Plaintiffs-Appellees, v. The WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1986.

Attorney(s) appearing for the Case

Albert T. Harutunian III, Luce, Forward, Hamilton & Scripps, San Diego, Cal., for plaintiffs-appellees.

Kirke M. Hasson, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellants.

Before WALLACE, ANDERSON, and NORRIS, Circuit Judges.

J. Blaine ANDERSON, Circuit Judge:

The Western Conference of Teamsters Pension Trust Fund (the Fund) appeals from the district court's denial of its summary judgment motion and from the district court's granting of Woodward Sand Company's (Woodward) motion for summary judgment. Specifically, the Fund contends that Woodward is obligated to pay the employer withdrawal liability assessment levied by the Fund in accordance with the requirements of the Employee Retirement...

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