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OFFICE AND PROFESSIONAL EMPLOYEES INSURANCE TRUST FUND v. LABORERS FUNDS ADMINISTRATIVE OFFICE OF NORTHERN CALIFORNIA, INC.

No. 85-1534.

783 F.2d 919 (1986)

OFFICE AND PROFESSIONAL EMPLOYEES INSURANCE TRUST FUND, Plaintiff-Appellee, v. LABORERS FUNDS ADMINISTRATIVE OFFICE OF NORTHERN CALIFORNIA, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted October 23, 1985.

Decided February 25, 1986.

Attorney(s) appearing for the Case

Michael J. Carroll, Erskine & Tulley, San Francisco, Cal., for plaintiff-appellee.

Victor J. Van Bourg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for defendant-appellant.

Before ANDERSON, FARRIS and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Laborers Fund Corporation ("Laborers") appeals the district court's grant of summary judgment in favor of the Office & Professional Employees Insurance Trust Fund ("OPEIT"), awarding unpaid trust contributions, interest, attorneys' fees and costs. Laborers argues that the award, by requiring that Laborers pay a higher rate of contribution on behalf of its employees, illegally imposes a new contract term where no new collective bargaining...

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