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TRUSTEES OF CONSTRUCT. v. DESERT VALLEY LANDSCAPE

Nos. 02-15152, 02-15204, 02-15831.

333 F.3d 923 (2003)

TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; Trustees of the Construction Industry and Laborers Joint Pension Trust; Trustees of the Construction Industry and Laborers Vacation Trust; Trustees for the Southern Nevada Laborers Local 872 Training Trust, Plaintiffs-Appellants, v. DESERT VALLEY LANDSCAPE & MAINTENANCE, INC., Defendant, and Hartford Fire Insurance Company; Rich Manuli, Jr.; Richard Manuli, Defendants-Appellees. Construction Industry Pension; Construction Industry/Laborers Joint Trustees; Construction Industry/Laborers Vacation Trustees, Plaintiffs-Appellees, v. Hartford Accident & Indemnity Company; Hartford Fire Insurance Company; Richardson Construction, Inc., Defendants-Appellants, and Rich Manuli, Jr.; M & H Enterprises, Inc., Defendants. Trustees of the Construction Industry and Laborers Health and Welfare Trust; Trustees of the Construction Industry and Laborers Joint Pension Trust; Trustees of the Construction Industry And Laborers Vacation Trust; Trustees for the Southern Nevada Laborers Local 872 Training Trust, Plaintiffs-Appellants, v. Desert Valley Landscape Maintenance, Inc., Defendant, and Hartford Fire Insurance Company; Rich Manuli, Jr.; Richard Manuli, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Order Filed June 23, 2003.

Opinion Filed April 24, 2003.

Attorney(s) appearing for the Case

Adam P. Segal and Michael A. Kristof, Schreck Brignone, Las Vegas, NV, for the plantiffs-appellants-cross-appellees.

Theodore Parker, III, Parker Nelson & Arin, CHTD, Las Vegas, NV, for the defendants-appellees-cross-appellants.

Before: KOZINSKI, GRABER and BERZON, Circuit Judges.

ORDER AND OPINION

ORDER

Appellants' request to publish the unpublished memorandum disposition is granted. The memorandum disposition filed April 24, 2003, as amended, is hereby redesignated an authored opinion by Judge Berzon and is filed concurrently herewith.

Appellees' panel petition for rehearing and petition for rehearing with suggestion for rehearing en banc are denied. No further petitions for rehearing will be entertained.

OPINION...

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