MEMORANDUM OPINION
GUIN, District Judge.
This is a suit by Operating Engineers Local 312 Health and Welfare Fund, and Operating Engineers Local 312 Joint Apprenticeship & Training Fund, for an accounting and for monies due them under the provisions of a collective bargaining agreement between Operating Engineers Local 312 and the defendant.
In December 1990, defendant Rivers & Roads, Incorporated [hereinafter Rivers & Roads],
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