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NORTHERN CAL. RETAIL CLERKS UNIONS AND FOOD EMPLOYERS JOINT PENSION TRUST FUND v. JUMBO MARKETS, INC.

No. 89-15039.

906 F.2d 1371 (1990)

NORTHERN CALIFORNIA RETAIL CLERKS UNIONS AND FOOD EMPLOYERS JOINT PENSION TRUST FUND; Board of Trustees of the Northern California Retail Clerks Unions and Food Employers Joint Pension Trust Fund; Northern California Retail Clerks Unions — Employers Vacation Fund; Board of Trustees of the Northern California Retail Clerks Unions — Employers Vacation Fund; Valley Clerks Health and Welfare Fund; Board of Trustees of the Valley Clerks Health and Welfare Fund, Plaintiffs-Appellants, v. JUMBO MARKETS, INC., d/b/a Jumbo Market, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1990.

As Amended August 27, 1990.

Attorney(s) appearing for the Case

Fred D. Lonsdale, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiffs-appellants.

Dennis R. Murphy, and Joyce A. Vermeersch, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for defendant-appellee.

Before BOOCHEVER, WIGGINS and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

The six plaintiffs (the Trust Funds) brought this action against the defendant (Jumbo Market) seeking the recovery of monies due the Trust Funds that Jumbo Market failed to pay. Jurisdiction for the action was conferred by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132 (1982). From a decision of the district court on cross-motions for summary judgment the Trust Funds appeal only the judgment as to their claim for...

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