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CARPENTERS HEALTH & WELFARE TRUST v. BLA-DELCO, CONSTR. INC.

No. 91-16756.

8 F.3d 1365 (1993)

CARPENTERS HEALTH AND WELFARE TRUST FUND FOR CALIFORNIA, Carpenters Pension Trust Fund for Northern California; Carpenters Vacation & Holiday Trust Fund for Northern California; Carpenters Apprenticeship and Training Trust Fund for Northern California; Carpenters Annuity Trust Fund for Northern California, Plaintiffs-Appellants, v. BLA-DELCO CONSTRUCTION, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Susan A. Dovi, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for plaintiffs-appellants.

Joseph H. Fagundes, Diehl, Steinheimer, Riggio, Haydel & Mordaunt, Stockton, CA, for defendant-appellee.

Before: SCHROEDER, PREGERSON, and D.W. NELSON, Circuit Judges.

PREGERSON, Circuit Judge:

I. OVERVIEW

Appellants (hereinafter the "Trust Funds") filed an action against employer Bla-Delco Construction, Inc. under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(e)(1), and the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185(a), to recover delinquent employee benefit contributions. The district court dismissed the Trust Funds' complaint because of their failure to exhaust contractual...

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