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CEMENT MASONS HEALTH & WELFARE, ETC. v. KIRKWOOD-BLY

No. C-81-1349 RFP.

520 F.Supp. 942 (1981)

CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Cement Masons Pension Trust Fund For Northern California; Cement Masons Vacation Trust Fund For Northern California; and Cement Masons Apprenticeship and Training Trust Fund For Northern California, Plaintiffs, v. KIRKWOOD-BLY, INC.; Does 1 through 10, inclusive, Defendants.

United States District Court, N. D. California.

August 20, 1981.

Attorney(s) appearing for the Case

Robert M. Hirsch, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., for plaintiffs Cement Masons Health and Welfare Trust Fund for Northern California, et al.

Mark R. Thierman, Paul V. Simpson, Dennis B. Cook, Law Office of Mark R. Thierman, San Francisco, Cal., for defendant Kirkwood-Bly, Inc.

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

Defendant Kirkwood-Bly, Inc. moves this court for an order dismissing this action and/or for summary judgment. After hearing oral argument and having taken the matter under submission, it is the decision of this court to grant defendant's motion.

STATEMENT OF FACTS

Plaintiffs are employee benefit trust funds established pursuant to the written collective...

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