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HANNAN v. R. CONCRETE, INC.

A8410-05824; CA A38236.

760 P.2d 256 (1988)

92 Or.App. 361

Henry HANNAN, James Van Lom, Bob Evertt, Arthur Weeks, Don Sheets, Richard Woodland, Wes Swanger, Del French, Charles Hodges, and Tomas Cantu As Trustees for the Cement Masons-Employers Health and Welfare, Pension, Vacation, and Apprenticeship and Training Trust Funds, Respondents — Cross-Appellants, v. R. CONCRETE, INC., an Oregon Corporation, Defendant — Cross-Respondent, Lester Ellis, Individually, Defendant, and Vicki C. Allen and Donald Earl Allen, Dba Allen Concrete Construction, Appellants — Cross-Respondents.

Court of Appeals of Oregon.

Decided August 10, 1988.

Review Denied October 18, 1988.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for respondents-cross-appellants. On the brief were Thomas J. Barnett and Aitchison, Imperati, Barnett & Sherwood, P.C., Portland.

No appearance for cross-respondent R. Concrete, Inc.

Thomas M. Triplett, Portland, argued the cause for appellants — cross-respondents. With him on the briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiffs are trustees of several trust funds administered for the benefit of members of the Cement Masons Union. Defendant R. Concrete is a corporation engaged in the business of concrete paving and is owned by defendant Ellis. It and the union are parties to a collective bargaining agreement. Defendants Allen control and manage R. Concrete and, in addition, own Allen Concrete, a concrete paving...

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