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SULLY EQUIP. RENTALS v. DOES 1 THROUGH 100, ETC.

No. CV 82-3315-RJK (Px).

554 F.Supp. 141 (1982)

SULLY EQUIPMENT RENTALS, INC., a California corporation, Plaintiff, v. DOES 1 THROUGH 100 AS TRUSTEES OF the OPERATING ENGINEERS HEALTH AND WELFARE FUND, Operating Engineers Vacation-Holiday Savings Trust, Operating Engineers Training Trust, and Leo M. Majich as Fund Manager of the Operating Engineers Trust Fund, Defendants. OPERATING ENGINEERS PENSION TRUST, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Counterclaimants, v. SULLY EQUIPMENT RENTALS, INC., a California corporation, Counterdefendants.

United States District Court, C.D. California.

December 21, 1982.

Attorney(s) appearing for the Case

David Warren & Associates, Edward L. Laird, II, Irvine, Cal., for plaintiff.

Jett, Clifford & Laquer, Brian Ray Hodge, Los Angeles, Cal., for defendants.

MEMORANDUM OF DECISION

KELLEHER, District Judge.

The above entitled cause came on regularly for hearing on defendants' and counterclaimants' Operating Engineers Pension Trust, et al., motion for summary judgment. The Court having considered the arguments, both written and oral, submitted by the parties now finds the following facts are not in dispute:

Plaintiff Sully Equipment Rentals initiated this action in California Superior Court on May 3, 1982...

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