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OPERATING ENG. PEN. TRUST v. BECK ENG. & SURVEYING

Nos. 83-6455, 83-6498.

746 F.2d 557 (1984)

OPERATING ENGINEERS PENSION TRUST and Operating Engineers Health & Welfare Fund, Plaintiffs-Appellants and Cross-Appellees, v. BECK ENGINEERING & SURVEYING CO., etc., et al., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 1, 1984.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., for plaintiffs-appellants and cross-appellees.

James G. Johnson, Hill, Farrer & Burrili, Los Angeles, Cal., for defendants-appellees and cross-appellants.

Before TUTTLE, Senior Circuit Judge, and NORRIS and BEEZER, Circuit Judges.

TUTTLE, Senior Circuit Judge:

This action was brought under Section 301 of the Labor Management Relations Act (LMRA) (29 U.S.C. § 185) and Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1132(a)(3)) by two employee benefit trust funds seeking recovery of delinquent amounts claimed under a collective bargaining agreement. Plaintiffs and defendants both moved for summary judgment. The district court granted in part and...

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