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PADDACK v. FURTICK

No. A8302-01113; CA A33316.

714 P.2d 1068 (1986)

78 Or.App. 49

Rychen PADDACK, John Downing, Henry Hannan, Garry P. Goodwin, Marvin Hall, Carl M. Halvorson, Mel Jackson, Arthur Weeks, Clare Woodward, and Allen Rettmann, As Trustees for the Oregon-Washington Carpenters-Employers Health and Welfare, Pension, Vacation Savings Trust Funds, and Rychen Paddack, Henry Hannan, Garry P. Goodwin, Marvin Hall, John Downing, Carl M. Halvorson, V.A. Harding, Allen Rettmann, Mel Jackson, and Dale Campbell, As Trustees for the Oregon-Washington Apprenticeship and Training Trust Fund, Appellants, v. Donald R. FURTICK, Dba Furtick Construction Co., Donald R. Furtick, Dba Furtick-Urell Construction Co., Furtick Construction Co., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided February 26, 1986.

Attorney(s) appearing for the Case

David S. Paull, Portland, argued the cause for appellants. On briefs were Thomas J. Barnett and Aitchison, Imperati, Paull, Barnett & Sherwood, P.C., Portland.

Ernest Lundeen, Eugene, argued the cause and filed brief for respondents.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs, trustees of various labor-management trust funds, brought this action under section 301(a) of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a) to recover allegedly unpaid employe benefit contributions, as well as liquidated damages, interest and attorney fees. Judgment was entered for defendants, and the sole issue on appeal is whether the trial court erred in awarding them $37,665.75 for attorney fees.

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