OPER. ENG. HEALTH & WELFARE v. JWJ CONTRACTING CO.

Nos. 96-16709, 96-16721.

135 F.3d 671 (1998)

OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND, a Trust; Operating Engineers Pension Trust Fund, a Trust; Operating Engineers Vacation-Savings Trust Fund, a Trust; Operating Engineers Joint Apprenticeship Program, a Trust, Plaintiffs-Appellants, and United States of America, for the use and benefit of Arizona State Carpenters Health and Welfare Trust Fund, Arizona State Carpenters Vacation-Savings Trust Fund, Arizona State Carpenters Joint Apprenticeship Program, Operating Engineers Health and Welfare Trust Fund, Operating Engineers Pension Trust Fund, Operating Engineers Vacation-Savings Trust Fund, and Operating Engineers Joint Apprenticeship Programs; Arizona State Carpenters Health and Welfare Trust Fund; Arizona State Carpenters Pension Trust Fund; Arizona State Carpenters Vacation-Savings Trust Fund; Arizona State Carpenters Joint Apprenticeship Program, Plaintiffs, v. JWJ CONTRACTING CO., Defendant, and The Continental Insurance Companies, a New Hampshire corporation, Defendant-Appellee. ARIZONA STATE CARPENTERS HEALTH AND WELFARE TRUST FUND; Arizona State Carpenters Vacation-Savings Trust Fund; Arizona State Carpenters Joint Apprenticeship Program; Arizona State Carpenters Pension Trust Fund, a Trust, Plaintiffs-Appellants, and United States of America, for the use and benefit of Arizona State Carpenters Health and Welfare Trust Fund, Arizona State Carpenters Vacation-Savings Trust Fund, Arizona State Carpenters Joint Apprenticeship Program, Operating Engineers Health and Welfare Trust Fund, Operating Engineers Pension Trust Fund, Operating Engineers Vacation-Savings Trust Fund, and Operating Engineers Joint Apprenticeship Programs; Operating Engineers Health and Welfare Trust Fund, a Trust; Operating Engineers Pension Trust Fund, a Trust; Operating Engineers Vacation-Savings Trust Fund, a Trust; Operating Engineers Joint Apprenticeship Program, a Trust, Plaintiffs, v. JWJ CONTRACTING CO., an Arizona corporation, Defendant, and Continental Ins. Co., a New Hampshire corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1998.


Attorney(s) appearing for the Case

Michael J. Keenan, Ward, Keenan & Barrett, Phoenix, Arizona, for the plaintiffs-appellants; April D. Miller, Charles T. Stegall, Lee, Stegall & Katz, Phoenix, Arizona, for plaintiffs-appellants.

Curtis A. Jennings, Paul S. Ruderman, Edward Rubacha, Jennings & Haug, Phoenix, Arizona, for defendants-appellees.

Before: KOZINSKI, MAYER,* and FERNANDEZ, Circuit Judges.


MAYER, Circuit Judge:

The United States for the Use of Arizona State Carpenters Pension Fund, a trust; Arizona State Carpenters Health & Welfare Trust Fund, a trust; Arizona State Carpenters Vacation Savings Trust Fund, a trust; Arizona State Carpenters Joint Apprenticeship Program, a trust, et al. (collectively "Carpenters Trust Funds"), and the United States for the use and benefit of (a trust), Operating Engineers Health and Welfare Trust Fund; the United...

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