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BOARD OF TRUSTEES v. CALIFORNIA CO-OP. CREAMERY

No. 87-2931.

877 F.2d 1415 (1989)

The BOARD OF TRUSTEES OF THE WATSONVILLE FROZEN FOOD WELFARE TRUST FUND and The Watsonville Frozen Food Welfare Trust Fund, Plaintiffs-Appellees, v. CALIFORNIA COOPERATIVE CREAMERY, a corporation, Michael E. Nash, individually and as president of California Cooperative Creamery, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted December 22, 1988.

Decided June 21, 1989.

Attorney(s) appearing for the Case

Wesley Sizoo and Eric O. Nieman, Moore, Sizoo & Cantwell, Walnut Creek, Cal., for defendant-appellant.

W. George Wailes and Sandra K. Rogers, Williams, Kelly, Polverari & Skelton, San Mateo, Cal., for plaintiffs-appellees.

Before CHOY, CANBY and NORRIS, Circuit Judges.

CHOY, Circuit Judge:

California Cooperative Creamery ("Cal Co-op") appeals from a judgment in favor of the Watsonville Frozen Food Welfare Trust Fund (the "Trust Fund") and its Board of Trustees (the "Board"). The Board brought this action under section 502 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132, and section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, to collect contributions the Board determined Cal...

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