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CLP TRUST v. M.M. SUNDT CONST. CO.

No. 93-55428.

37 F.3d 1419 (1994)

BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS' PENSION TRUST FOR SOUTHERN CALIFORNIA, Plaintiff-Appellant, v. M.M. SUNDT CONSTRUCTION CO., Sundt Corporation; Sundt Products, Inc., Sundt Industrial Contractors, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1994.

As Amended on Denial of Rehearing November 23, 1994.

Attorney(s) appearing for the Case

Herbert J. Klein & John S. Miller, Cox, Castle & Nicholson, Los Angeles, CA, for plaintiff-appellant.

Mark T. Bennett & David P. Wolds, Merrill, Schultz & Wolds, San Diego, CA, for defendants-appellees.

Before: D.W. NELSON, NORRIS, and BOGGS, Circuit Judges.

PER CURIAM:

Plaintiff, Board of Trustees of the Construction Laborers' Pension Trust for Southern California, and defendants, M.M. Sundt Construction and its subsidiary companies, are in arbitration over the amount of defendants' withdrawal liability to the trust, pursuant to the Employee Retirement Income Security Act ("ERSIA"). 29 U.S.C. § 1399. Plaintiff sought discovery of information relating to the issue of whether defendants had in fact withdrawn from...

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