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LABORERS HEALTH & WELFARE TRUST v. WESTLAKE DEVELOPMENT

Nos. 93-16584, 93-16666.

53 F.3d 979 (1995)

LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California; Laborers Training and Retraining Trust Fund for Northern California, Plaintiffs-Appellants, v. WESTLAKE DEVELOPMENT, a corporation; First Doe; Second Doe; Third Doe; Black Corporation; White Corporation; Blue Co.; and Grey Company, a corporation, Defendants-Appellees. WESTLAKE DEVELOPMENT COMPANY, INC., Petitioner-Counter-respondent-Appellee, v. LOCAL 389 LABORERS UNION; Northern California District Council of Laborers, Respondents-Counter-petitioners-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1995.

Attorney(s) appearing for the Case

Sandra Rae Benson, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for plaintiffs-appellants.

Nick A. Boodrookas, Adam P. Siegman, Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, San Francisco, CA, Richard Alaniz, Terry Schraeder, Alaniz & Schraeder, Houston, TX, for defendants-appellees.

Before: GOODWIN, CANBY, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

In case number 93-16584, Laborers Health and Welfare Trust Fund for Northern California and related trust funds (the Trust Funds) appeal the district court's summary judgment in favor of Westlake Development Company, Inc. (Westlake), in the Trust Funds' action under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and the Employee Retirement and Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), (e)(1), seeking...

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