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OPERATING ENGINEERS' v. CLARK'S WELDING & MACHINE

Case No. 09-0044 SC.

688 F.Supp.2d 902 (2010)

OPERATING ENGINEERS' PENSION TRUST FUND; Gil Crosthwaite and Russ Burns, as Trustees, Plaintiffs, v. CLARK'S WELDING AND MACHINE, a California partnership, aka Clark's Welding, aka Clark's Welding and Machining; Sylvester Haberman, Individually, and Franz Edelmayer, individually, Defendants.

United States District Court, N.D. California.

February 10, 2010.

Attorney(s) appearing for the Case

Shaamini Babu, Richard C. Johnson, Saltzman & Johnson Law Corporation, San Francisco, CA, for Plaintiffs.

Cassandra M. Ferrannini, Brian Jed Lim, Shaye Nicole Harrington, Downey & Brand, LLP, Sacramento, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

SAMUEL CONTI, District Judge.

I. INTRODUCTION

This matter comes before the Court on the Motion for Summary Judgment ("Motion") filed by Plaintiffs Operating Engineers' Pension Trust Fund ("Operating Engineers"), Gil Crosthwaite ("Crosthwaite"), and Russ Burns ("Burns"), as Trustees (collectively...

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