ROY ALLEN SLURRY SEAL v. LIUNAHSS/RSS LOCAL UNION 1184

No. 99-55883.

241 F.3d 1142 (2001)

ROY ALLAN SLURRY SEAL; Roy Allan Slurry Seal, Inc. Plaintiff-counter-defendants-Appellees, v. LABORERS INTERNATIONAL UNION OF NORTH AMERICA HIGHWAY AND STREET STRIPERS/ROAD AND STREET SLURRY LOCAL UNION 1184, AFL-CIO; Laborers Health and Welfare Trust Fund For Southern California; Construction Laborers Vacation Pension Trust for Southern California; Laborers Training and Retraining Trust Fund For Southern California; Fund For Construction Industry Advancement; Laborers Contract Administration Trust Fund For Southern California; Center For Contract Compliance, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2001


Attorney(s) appearing for the Case

J. David Sackman, Reich, Adell, Crost & Cvitan, Los Angeles, California, for the defendants-counter-claimants-appellants.

Bethany A. Pelliconi, Musick, Peeler & Garrett, LLP, Los Angeles, California, for the plaintiff-counter-defendants-appellees.

Before: WILLIAM C. CANBY, JR., M. MARGARET McKEOWN, and RICHARD A. PAEZ, Circuit Judges.


McKEOWN, Circuit Judge:

This case requires us to determine the relationship between a state attorney's fees provision and federal labor law. Specifically, we must consider whether California Civil Code section 1717, which renders reciprocal an otherwise unilateral contractual provision for attorney's fees, is preempted by the federal Labor Management Relations Act ("LMRA"). Because an award of fees under section 1717 would read a new term into the collective bargaining...

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