BLDG. SERV. EMP. PENSION TR. v. AMER. BLDG. MAINT.

Nos. 86-2251, 86-2240.

828 F.2d 576 (1987)

BUILDING SERVICE EMPLOYEES PENSION TRUST, Building Service Health & Welfare Trust Fund, George Hardy, G.M. Kelso, as Trustees of Building Service Employees Pension Trust and Building Service Health & Welfare Trust Fund, Plaintiffs/Appellants/Cross-Appellees, v. AMERICAN BUILDING MAINTENANCE CO., a California Corporation, Defendant/Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1987.


Attorney(s) appearing for the Case

Philip M. Miller, San Francisco, Cal., for plaintiffs/appellants/cross-appellees.

J. Morrow Otis, San Francisco, Cal., for defendant/appellee/cross-appellant.

Before KENNEDY, FERGUSON and WIGGINS, Circuit Judges.


KENNEDY, Circuit Judge:

The Building Service Employees Pension Trust and Health and Welfare Trust (the Trusts) appeal the district court's grant of summary judgment in favor of Allied Building Maintenance Co. (ABM). We see a question of fact here, on the issue of mistake; and we reverse.

In early 1984, a conflict between the Trusts and ABM was resolved when ABM agreed to pay delinquent contributions for the years 1978, 1979, and 1980. Audits had revealed that...

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