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TRUSTEES OF SCREEN ACTORS GUILD-PRODUCERS v. NYCA

No. 08-55409.

572 F.3d 771 (2009)

TRUSTEES OF the SCREEN ACTORS GUILD-PRODUCERS PENSION AND HEALTH PLANS, Plaintiff-Appellant, v. NYCA, INC., a California corporation; TaylorMade-Adidas Golf Company Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2009.

Attorney(s) appearing for the Case

Peter S. Dickinson, Bush Gottlieb Singer Lopez Kohanski Adelstein & Dickinson, Glendale, CA, argued the cause for the plaintiffs-appellants and filed the briefs. Robert A. Bush and Ira L. Gottlieb, Glendale, CA, were on the briefs.

Robert S. Gerber, Sheppard, Mullin, Richter & Hampton LLP, San Diego, CA, argued the cause for the defendants-appellees and filed the brief. Matthew W. Holder, San Diego, CA, was on the brief.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We consider whether the Employee Retirement Income Security Act of 1974 allows employee benefit plans to recover unpaid contributions from an employer who is not a party to the applicable collective bargaining agreement.

I

NYCA, Inc., is an advertising agency based in southern California. Along with other advertising agencies, NYCA is party to a collective bargaining agreement (the "Commercials Contract") with the Screen...

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