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VERMEER v. THATCHER

129,101; CA A32209.

717 P.2d 1256 (1986)

79 Or.App. 100

N. VERMEER, J. Abbott, J. Upshaw, E.M. Van Cleave, C. Anderson, L. Clinton, H. Herzberg, F. Hastie, Jr., H. Dick, W. Sivers, K. Twedt, J. Van Lom, A. Norbraten, R. Cronn, Sr., R. Anderson, M. Lowery, Trustees, Respondents — Cross-Appellants, v. Miles THATCHER and M.T.D. & B., Inc., Appellants — Cross-Respondents, v. Construction and General Laborers Union, Local 320; Oregon, Southern Idaho, Wyoming and Utah District Council of Laborers, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

Decided April 23, 1986.

Reconsideration Denied June 6, 1986.

Attorney(s) appearing for the Case

Victor C. Pagel, Salem, argued the cause and filed briefs for appellants — cross-respondents.

Jill Backes, Portland, argued the cause for respondents — cross-appellants and third-party defendants-respondents. With her on briefs were Herbert B. Galton and Galton, Popick & Scott, Portland.

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

BUTTLER, Presiding Judge.

Plaintiffs, trustees of the Oregon Laborer's Employer's Trust Fund, brought this action under section 301(a) of the Labor Management Relations Act (LMRA) (29 U.S.C. § 185) and section 502 of the Employment Retirement Income Security Act (ERISA) (29 U.S.C. § 1132) to recover unpaid employe benefit contributions payable under a collective bargaining and trust agreement. The trial court awarded plaintiffs $25,919.34 for unpaid contributions...

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