PADDACK v. L.W. HEMBREE COMPANY

A8602-00947, A8602-00948; CA A45666.

763 P.2d 411 (1988)

93 Or.App. 593

Rychen PADDACK, John Downing, Henry Hannan, Garry P. Goodwin, Marvin Hall, Carl M. Halvorson, Melvin Jackson, Arthur Weeks, Byron Loney, Clare Woodward and Allen Rettman, As Trustees for the Oregon-Washington Carpenters-Employers Health and Welfare, Pension, Supplemental Pension, and Vacation-Savings Trust Funds, and Rychen Paddack, Henry Hannan, Garry P. Goodwin, Marvin Hall, John Downing, Carl M. Halvorson, Allen Rettman, Melvin Jackson and Dale Campbell As Trustees for the Oregon-Washington Carpenters-Employers Apprenticeship and Training Trust Fund, and Marvin Hall As Agent for State Council Deduction and Arthur Weeks and Byron Loney As Agents for Construction Industry Advancement Fund, Respondents, v. L.W. HEMBREE COMPANY, an Oregon Corporation, Defendant, and L.W. Hembree, Individually, Appellant, Rychen Paddack, John Downing, Henry Hannan, Garry P. Goodwin, Marvin Hall, Carl M. Halvorson, Melvin Jackson, Arthur Weeks, Byron Loney, Clare Woodward and Allen Rettman As Trustees for the Oregon-Washington Carpenters-Employers Health and Welfare, Pension, Supplemental Pension, and Vacation-Savings Trust Funds, and Rychen Paddack, Henry Hannan, Garry P. Goodwin, Marvin Hall, John Downing, Carl M. Halvorson, Allen Rettman, Melvin Jackson and Dale Campbell As Trustees for the Oregon-Washington Carpenters-Employers Apprenticeship and Training Trust Fund, and Marvin Hall As Agent for State Council Deduction and Arthur Weeks and Byron Loney As Agents for Construction Industry Advancement Fund, Respondents, v. Hemco Enterprises, Co., an Oregon Corporation, Defendant, and L.W. Hembree, Individually, Appellant.

Court of Appeals of Oregon.

Decided October 26, 1988.


Attorney(s) appearing for the Case

Ronald T. Adams, Portland, argued the cause for appellant. With him on the briefs were James F. Dalton and Rappleyea, Beck, Helterline, Spencer & Roskie, Portland.

David S. Paull, Portland, argued the cause for respondents. With him on the brief was Norman D. Malbin, Portland.

Before WARDEN, P.J., GRABER, J., and VAN HOOMISSEN, J. Pro Tem.


GRABER, Judge.

This appeal involves two consolidated actions brought under § 301 of the Labor Management Relations Act. 29 U.S.C. § 185. Plaintiffs, trustees of several employe benefit trusts, seek accountings for contributions that defendants allegedly owe the trusts. Defendants in one case are L.W. Hembree Company, an Oregon corporation, and L.W. Hembree, individually (Hembree); in the other, they are Hemco Enterprises, Co., an Oregon corporation, and...

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