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CARPENTERS HEALTH & WELFARE TR. F. v. TRI CAPITAL

No. 92-15112.

25 F.3d 849 (1994)

CARPENTERS HEALTH AND WELFARE TRUST FUND FOR CALIFORNIA; Carpenters Pension Trust Fund for Northern California; Carpenters Vacation and Holiday Trust Fund for Northern California; Carpenters Apprenticeship and Training Trust Fund for Northern California; Carpenters Annuity Trust Fund for Northern California, Plaintiffs-Appellants, v. TRI CAPITAL CORP., Mark Diversified, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1994.

Attorney(s) appearing for the Case

Christian L. Raisner, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for plaintiffs-appellants.

James M. Nelson, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, CA, for defendants-appellees.

Before FERGUSON, CANBY and BRUNETTI, Circuit Judges.

Opinion by Judge BRUNETTI; Dissent by Judge FERGUSON.

BRUNETTI, Circuit Judge:

Appellants, ERISA benefit plans for members of the carpenters' union, are owed money by a subcontractor for work performed on a building improvement project. They brought suit in state court against the construction lender for the project to recover the money under California's "bonded stop notice" remedy. The construction lender and the general contractor on the project, both of...

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