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OPERATING ENGINEERS PENSION TRUST v. A-C CO.

No. 85-5998.

859 F.2d 1336 (1988)

OPERATING ENGINEERS PENSION TRUST, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Plaintiffs-Appellants, v. A-C COMPANY, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1988.

As Amended on Denial of Rehearing and Rehearing November 10, 1988.

Attorney(s) appearing for the Case

Wayne Jett, Jett & Laquer, Pasadena, Cal., for plaintiffs-appellants.

Jerry D. Cluff, Pain, Cluff & Olson, San Diego, Cal., for defendant-appellee.

Before ALARCON, NELSON and REINHARDT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc November 10, 1988.

REINHARDT, Circuit Judge:

In this case we consider several issues relating to the interpretation of an employee benefit trust fund agreement, including the question of how our prior decisions regarding that agreement can be reconciled. At least as important, we also consider significant questions pertaining to when the filing of a lawsuit may be deemed frivolous under Rule 11.

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