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BUGHER v. CONSOLIDATED X-RAY SERVICE CORP.

No. CA 3-76-0929-C.

515 F.Supp. 1180 (1981)

Forrest BUGHER, Richard Wren, Reese Hammond, J. A. McMahon, A. W. McIntyre, Hailey Roberts, John E. Cullerton and Richard Dennis, as Trustees of the Central Pension Fund of the International Union of Operating Engineers and Participating Employers, and Carl B. Pratt, Vergil Belfi, John Faust and Harold B. Huhn, as Trustees of the Health and Welfare Fund of Local 2, International Union of Operating Engineers and International Union of Operating Engineers, Local No. 2, AFL-CIO v. CONSOLIDATED X-RAY SERVICE CORP.

United States District Court, N. D. Texas, Dallas Division.

June 2, 1981.

Attorney(s) appearing for the Case

William N. Wheat, Houston, Tex., Bernard M. Baum and Louis E. Sigman, Chicago, Ill., for plaintiffs.

Hugh M. Smith, Dallas, Tex., for defendant.

OPINION

W. M. TAYLOR, Jr., District Judge.

Defendant entered into contracts with Plaintiff Local Union 2 in 1968, 1971, 1974, 1977 and 1980 in which it agreed to pay sums to the Plaintiff Trustees on behalf of some of its employees and to withhold union dues from its union employees and remit them to the Plaintiff Local, all sums to be paid on a regular basis.

Plaintiffs contend that Defendant has not paid all sums due and that because of this deficiency...

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