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BD. OF TRUSTEES OF CONST. LABORERS v. THIBODO

Nos. 93-55079, 93-55080.

34 F.3d 914 (1994)

BOARD OF TRUSTEES OF THE CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, Plaintiff-Appellant, v. Russell L. THIBODO; Gary R. Thibodo; Thibodo Construction Co. Inc.; Drainage Construction Co., Defendants-Appellees. BOARD OF TRUSTEES OF THE CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, Plaintiff-Appellant-Appellee, v. Russell L. THIBODO; Thibodo Construction Co. Inc., Defendants-Appellees-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1994.

Attorney(s) appearing for the Case

John S. Miller, Jr., Cox, Castle & Nicholson, Los Angeles, CA, for plaintiff-appellant-appellee.

Andrew C. Muzi, Andrade & Associates, Irvine, CA, for defendants-appellees-appellants.

Before: FLETCHER, CANBY and HALL, Circuit Judges.

CANBY, Circuit Judge:

The Board of Trustees of the Construction Laborers' Pension Trust for Southern California appeals the district court's dismissal of this action in which the Trustees sought to enforce an arbitration award. The arbitrator had determined that Russell Thibodo was personally liable to the Trust for ERISA withdrawal liability incurred as a result of his construction company's complete withdrawal from the Construction Laborers Pension Plan in 1983...

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