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CMSH CO. v. CARPENTERS TRUST FUND FOR N. CAL.

No. 90-15646.

963 F.2d 238 (1992)

CMSH COMPANY, INC., CMSH Framing, Plaintiffs-Appellants, v. CARPENTERS TRUST FUND FOR NORTHERN CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1992.

Attorney(s) appearing for the Case

Mark H. Lipton, Lipton & Lipton, San Ramon, Cal., and William Morgan Bennett, San Francisco, Cal., for plaintiffs-appellants.

Robert M. Hirsch, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for defendant-appellee.

Before HUG, SCHROEDER, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

CMSH Company, Inc. (CMSH) and CMSH Framing (Framing) appeal a district court order upholding an arbitration award in favor of Carpenters Pension Trust Fund (Fund) for withdrawal liability under the Employee Retirement Income Security Act (ERISA). 29 U.S.C. § 1381(a) (1988). The arbitrator found that the appellant corporations were alter egos and that CMSH was therefore responsible for the liability incurred when Framing...

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