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OPERATING ENGINEERS PENSION TR. v. B & E BACKHOE

Nos. 88-6599, 88-6600.

911 F.2d 1347 (1990)

OPERATING ENGINEERS PENSION TRUSTS; Operating Engineers Health and Welfare Fund; Operating Engineers Vacation-Holiday Savings Trust; Operating Engineers Training Trust, Plaintiffs-Appellants-Cross-Appellees, v. B & E BACKHOE, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1990.

Attorney(s) appearing for the Case

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

Lloyd C. Ownbey, Jr., Munns, Kofford, Hoffman, Hunt & Throckmorton, Pasadena, Cal., for defendant-appellee-cross-appellant.

Before HUG, SCHROEDER and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Pension Trust, the Operating Engineers Health and Welfare Fund, the Operating Engineers Vacation-Holiday Savings Trust, and the Operating Engineers Training Trust ("the Trusts") timely appeal the district court's decision to award the Trusts monetary contributions only for those hours actually worked by B & E Backhoe, Inc.'s ("B & E") employees who split their time between work...

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