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CARPENTERS HEALTH & WELFARE TRUST v. ACME INDUS.

Docket No. A047923.

224 Cal.App.3d 187 (1990)

273 Cal. Rptr. 519

CARPENTERS HEALTH AND WELFARE TRUST FUND et al., Plaintiffs and Appellants, v. ACME INDUSTRIES, INC., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

September 28, 1990.

Attorney(s) appearing for the Case

COUNSEL

Van Bourg, Weinberg, Roger & Rosenfeld, Victor J. Van Bourg, Michael B. Roger, Robert M. Hirsch, Blythe Mickelson, M. Catherine Jones and Lora Jo Foo for Plaintiffs and Appellants.

Ellen S. Lewis for Defendants and Respondents.

OPINION

KING, J.

In this case we hold that Civil Code section 1717 is preempted by section 301(a), of the Labor Management Relations Act (LMRA) (29 U.S.C. § 185(a)) as to an employer not a party to a collective bargaining agreement, but claimed to be a party's alter ego.

(1a) This appeal by several employee benefit plans and express trusts (hereafter the Trust Funds) challenges an award of attorney fees under...

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