TR. OF COLO. PIPE IND. PENSION TR. v. HOWARD ELEC.

No. 88-2938.

909 F.2d 1379 (1990)

TRUSTEES OF the COLORADO PIPE INDUSTRY PENSION TRUST, an express trust, Plaintiff-Appellant, and Trustees of Colorado Pipe Industry Insurance Trust, an express trust; Plumbers Local Union No. 3, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada; and Pipefitters Local No. 208, United Association of Journeymen and Apprentices of the Plumbing and Pipefittings Industry of the United States and Canada, Plaintiffs, v. HOWARD ELECTRICAL & MECHANICAL INC., a Colorado Corporation; and Howard Systems, Inc., a Colorado Corporation, Defendants-Appellees, and Jacore, Inc., a Colorado Corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 27, 1990.


Attorney(s) appearing for the Case

James C. Fattor of Hornbein, MacDonald, Fattor & Hobbs, Denver, Colo., for plaintiff-appellant.

Earl K. Madsen of Bradley, Campbell & Carney, Golden, Colo., for defendants-appellees.

Before SEYMOUR and BALDOCK, Circuit Judges, and SEAY, District Judge.


BALDOCK, Circuit Judge.

Plaintiff-appellant trustees sought to collect withdrawal liability from defendant-appellee employer for the unions' multiemployer pension fund. The district court dismissed the action for lack of jurisdiction. We hold that the district court had jurisdiction to adjudicate the plaintiff's claim for withdrawal liability, and that the defendants waived their defenses to withdrawal liability by failing to arbitrate. Our jurisdiction over this...

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