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BD. OF TRUSTEES v. VALLEY CABINET & MFG. CO.

No. 87-15091.

877 F.2d 769 (1989)

BOARD OF TRUSTEES OF the MILL CABINET PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff-Appellant, v. VALLEY CABINET & MFG. CO., a corporation, Defendant, and Clifford B. Davis, executor of the estate of Robert J. Davis, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1989.

Attorney(s) appearing for the Case

Jon B. Sigerman, Jon B. Sigerman, P.C., Christopher B. Bouvier, Law Offices of Robert M. Cassel, San Francisco, Cal., for plaintiff-appellant.

Robert L. Rediger, Hubbert, Shanley & Lee, Sacramento, Cal., for defendant-appellee.

Before HUG, TANG and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Board of Trustees of the Mill Cabinet Pension Trust Fund for Northern California (Fund) brought this action under 29 U.S.C. section 1451 (1982) of the Employee Retirement Income Security Act of 1974 (ERISA), to recover employer withdrawal liability. The Fund appeals from a judgment, following a bench trial, denying recovery against the estate of Robert J. Davis (estate) for payments owed by Valley Cabinet & Manufacturing Co. (Valley...

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