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HOTEL EMP., ET AL. HEALTH TR. v. ELKS LODGE, 1450

No. 86-4208.

827 F.2d 1324 (1987)

PIERCE COUNTY HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES HEALTH TRUST, and Hotel Employees and Restaurant Employees Pension Trust, Plaintiffs-Appellees, v. ELKS LODGE, B.P.O.E. NO. 1450, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1987.

Attorney(s) appearing for the Case

Robert A. Bohrer, Seattle, Wash., for plaintiffs-appellees.

Curman Sebree, Tacoma, Wash., for defendant-appellant.

Before FARRIS, ALARCON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Puyallup Elks Lodge B.P.O.E. No. 1450 (Lodge) appeals an award of delinquent employee benefit contributions to Pierce County Hotel Employees and Restaurant Employees Health Trust and Hotel Employees and Restaurant Employees Pension Trust (Trusts). The Lodge claims that the district court should have considered extrinsic evidence to interpret the meaning of an ambiguous contract term, and that the action is barred by modification, the statute...

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