LOCAL 159, 342 343 & 444 v. NOR-CAL PLUMBING

Nos. 96-16172, 96-16284.

185 F.3d 978 (1999)

LOCAL 159, 342, 343 & 444; Local 343 United Assoc. Journeymen & Apprentice Training Trust Fd; Local 343 United Assoc. of Plumbing, Plaintiffs-Appellees and Cross-Appellants, v. NOR-CAL PLUMBING, INC.; North Bay Plumbing, Inc.; Elmer Lee Pettit, a.k.a. Elmer Lee Pettit; Audrey Jean Pettit, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred January 12, 1999.

Re-Submitted February 10, 1999.

Decided July 27, 1999.


Attorney(s) appearing for the Case

Patrick W. Jordan, Jeffer, Mangels, Butler & Marmaro, San Francisco, California, for defendants-appellants and cross-appellees Nor-Cal Plumbing, Inc., and Elmar Lee Pettit.

Henry F. Telfeian, Berkeley, California, for defendants-appellants and cross-appellees North Bay Plumbing, Inc., and Audrey Jean Pettit.

John J. Davis, Jr., McCarthy, Johnson & Miller, San Francisco, California, for plaintiffs-appellees and cross-appellants.

Before: WIGGINS, TASHIMA, and SILVERMAN, Circuit Judges.


TASHIMA, Circuit Judge:

Nor-Cal Plumbing, Inc. ("Nor-Cal"), a plumbing contracting business, was a signatory to a collective bargaining agreement ("CBA") with Local 343 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry (the "Union"). The CBA incorporated a Trust Agreement obligating Nor-Cal to make pension and welfare benefit contributions to employee benefit plans (the "Trust Funds")1 based...

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