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UA LOCAL 343 v. NOR-CAL PLUMBING, INC.

No. 92-15749.

38 F.3d 1467 (1994)

UA LOCAL 343 OF the UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, AFLCIO; UA Local Nos. 159, 342, 343, and 444 Combined Pension Trust Fund; UA Local Nos. 159, 342, 343 and 444 Combined Health & Welfare Trust Fund; and UA Local No. 343 Journeyman and Apprentice Training Trust Fund, Plaintiffs-Appellees, v. NOR-CAL PLUMBING, INC.; Elmar Lee Pettit; North Bay Plumbing, Inc.; Audrey Jean Pettit, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1994.

Attorney(s) appearing for the Case

John M. Kelson, Oakland, CA, for defendants-appellants North Bay Plumbing, Inc. and Audrey Jean Pettit.

Mark R. Thierman, Thierman, Cook, Brown & Prager, San Francisco, CA, for defendants-appellants Nor-Cal Plumbing, Inc. and Elmar Lee Pettit.

John J. Davis, Jr., McCarthy, Johnson & Miller, San Francisco, CA, for plaintiffs-appellees.

Before NORRIS, BEEZER and KLEINFELD, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Appellant Elmar Lee Pettit is a plumbing contractor who, with appellant Audrey Pettit, his wife, owns both Nor-Cal Plumbing, Inc. and North Bay Plumbing, Inc. Nor-Cal is union, and North Bay is non-union. Appellees, Local 343 and the employee trust funds in which it participates, brought this action under Section 301 of the Labor Management Relations Act ("LMRA") and Section 502 of the Employee Retirement Income Security Act ("ERISA...

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