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OPERATING ENGINEERS PEN. TRUST v. CECIL BACKHOE SERVICE, INC.

No. 84-6183.

795 F.2d 1501 (1986)

OPERATING ENGINEERS PENSION TRUST, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Plaintiffs-Counter Defendants-Appellees, v. CECIL BACKHOE SERVICE, INC., Fred Cecil, and Cecil Construction Company, Defendants-Counter Claimants-Third Party Plaintiffs-Appellants, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 12 and Joseph Chaves, Third Party Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1986.

Attorney(s) appearing for the Case

Anthony R. Segall, Reich, Adell & Crost and Christopher M. Laquer, Jett, Clifford & Laquer, Los Angeles, Cal., for appellees.

Michael A. Hood, Paul, Hastings, Janofsky & Walker, Costa Mesa, Cal., for appellants.

Before FLETCHER, NELSON, and HALL, Circuit Judges.

FLETCHER, Circuit Judge:

Operating Engineers Pension Trust and three other trust funds (the trusts) sued Cecil Backhoe Service, Inc., Fred Cecil individually, and Fred Cecil doing business as Cecil Construction Co. (the defendants), for deficient trust fund contributions. The defendants contend they are not bound by short form agreements incorporating underlying Master Labor Agreements (MLAs). The defendants also filed a third party claim against Local 12 of the International...

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