1. Home
  2. Browse Decisions
  3. F.3d
  4. 630 F.3d
  5. 630 F.3d 848 (2010)
 

RESILIENT FLOOR COVERING v. M&M INSTALLATION

Nos. 09-17047, 09-17064.

630 F.3d 848 (2010)

RESILIENT FLOOR COVERING PENSION FUND; Board of Trustees of the Resilient Floor Covering Pension Plan, Plaintiffs-counter-defendants-Appellees, v. M&M INSTALLATION, INC., a California corporation, Defendant-Appellant, Simas Floor Co., Inc., a California corporation, Defendant-counter-claimant-Appellant. Resilient Floor Covering Pension Fund; Board of Trustees of the Resilient Floor Covering Pension Plan, Plaintiffs-counter-defendants-Appellants, v. M&M Installation, Inc., a California corporation, Defendant-Appellee, Simas Floor Co., Inc., a California corporation, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2010.

Attorney(s) appearing for the Case

Stephen T. Davenport and Jeffrey G. McClure , Davenport Gerstner & McClure, Walnut Creek, CA, for the defendants-appellants/appellees.

Katherine A. McDonough , Kraw and Kraw, Mountain View, CA, for the plaintiffs-appellees/appellants.

Before: ARTHUR L. ALARCÓN and PAMELA ANN RYMER, Circuit Judges, and MATTHEW F. KENNELLY, District Judge.

OPINION

RYMER, Circuit Judge:

This appeal involves a "double-breasted" operation where a non-union employer, Simas Floor Co., Inc., set up a union employer, M & M Installation, Inc. to handle union flooring work. The question is whether the non-union company, Simas Floor, is liable for withdrawal liability incurred by the union company, M & M Installation, pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases