SANTA MONICA CULINARY WELFARE F. v. MIRAMAR HOTEL

No. 89-55455.

920 F.2d 1491 (1990)

SANTA MONICA CULINARY WELFARE FUND; Charles A. Conine; Victor Valenzuela, Plaintiffs-Appellants, v. MIRAMAR HOTEL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1990.


Attorney(s) appearing for the Case

Henry M. Willis (Claude Cazzulino, on brief), Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, Cal., for plaintiffs-appellants.

Gerald M. Siegel, Santa Monica, Cal., for defendant-appellee.

Before HUG, BOOCHEVER and BEEZER, Circuit Judges.


HUG, Circuit Judge:

This action arises from a request by the Santa Monica Culinary Welfare Fund (the "Fund") to audit the payroll records of the Miramar Hotel Corporation ("Miramar"), a contributing employer to the Fund. Miramar refused to submit to an audit, claiming that under the collective bargaining agreement its only duty to the Fund was to make the agreed upon contributions. The district court agreed with Miramar and refused the Fund's request. Because we find...

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