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GLAZING HEALTH AND WELFARE FUND v. LAMEK

No. 16-16155.

885 F.3d 1197 (2018)

GLAZING HEALTH AND WELFARE FUND, Trustees; Southern Nevada Glaziers and Fabricators Pension Trust Fund; Painters, Glaziers and Floorcoverers Joint Apprenticeship and Journeyman Training Trust; Painters, Glaziers and Floorcoverers Safety Training Trust Fund; IUPAT Political Action Committee; Southern Nevada Painters and Decorators and Glaziers Labor-Management Cooperation Committee Trust; IUPAT Industry Pension Trust Fund; Southern California, Arizona, Colorado and Southern Nevada Glaziers, Architectural Metal and Glass Workers Pension Trust Fund, Plaintiffs-Appellants, v. Michael A. LAMEK; Kelly D. Marshall, Defendants-Appellees, and Accuracy Glass & Mirror Company, Inc., Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2018.

Attorney(s) appearing for the Case

Wesley J. Smith (argued) and Daryl E. Martin , Christensen James & Martin, Las Vegas, Nevada, for Plaintiffs-Appellants.

Mark S. Dzarnoski (argued), Gentile Cristalli Miller Armeni Savarese, Las Vegas, Nevada, for Defendants-Appellees.

Dissent by Judge Gleason.

OPINION

The trustees of Glazing Health and Welfare Fund and several other employee benefit trust funds (collectively, "the Trusts") appeal from the district court's dismissal of their lawsuit against Michael Lamek and Kelly Marshall, the sole owners and officers of Accuracy Glass & Mirror Company, Inc. ("Accuracy...

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