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SOUTHERN CALIF. IBEW-NECA TRUST v. STANDARD INDUS.

Nos. 99-55805, 99-55835, 99-55954.

247 F.3d 920 (2001)

SOUTHERN CALIFORNIA IBEW-NECA TRUST FUNDS; Barry Meyer; Dan Sellers; Richard Rizotto, Plaintiffs-Appellees, v. STANDARD INDUSTRIAL ELECTRIC COMPANY; Phyllis M. Strout, Defendants, and Reliance Insurance Company, Defendant-Appellant. Southern California IBEW-NECA Trust Funds; Barry Meyer; Dan Sellers; Richard Rizotto, Plaintiffs-Appellees, v. Standard Industrial Electric Company; Phyllis M. Strout; Reliance Insurance Company, Defendants, Fidelity and Deposit Company of Maryland; United States Fidelity & Guaranty Company, Defendants-Appellants. Southern California IBEW-NECA Trust Funds; Barry Meyer; Dan Sellers; Richard Rizotto, Plaintiffs-Appellees-Cross-Appellants, v. Standard Industrial Electrical Company; Phyllis M. Strout, Defendants, and Reliance Insurance Company; Fidelity And Deposit Company of Maryland; United States Fidelity & Guaranty Company; King/Drew High School Builders, a California Joint Venture, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2001.

Attorney(s) appearing for the Case

Benjamin A. Johnson, San Mateo, California, and Cyrus K. Ipkatchi, San Mateo, for the appellants.

J. David Sackman, Reich, Adell, Crost & Cvitan, Los Angeles, California, for the appellees/cross-appellants.

Before: Diarmuid F. O'SCANNLAIN, Ferdinand F. FERNANDEZ and Johnnie B. RAWLINSON, Circuit Judges.

Argued and Submitted October 4, 2000 — Pasadena, California.

Opinion by Judge Rawlinson.

RAWLINSON, Circuit Judge:

Barry Meyer, Dan Sellers, Richard Rizotto ("Employees"), and Southern California IBEW-NECA Trust Funds ("Trusts"), the administrators of several employee benefit plans associated with unions which represent employees,1 are seeking to collect money owed for work performed on a public construction project...

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