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LABORERS HEALTH AND WELFARE TRUST FUND v. LESLIE G. DELBON CO.

Nos. 98-16407, 98-16488.

199 F.3d 1109 (2000)

LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California; Laborers Training and Retraining Trust Fund for Northern California, Plaintiffs-Appellants-Cross-Appellees, v. LESLIE G. DELBON CO., INC., a California corporation, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 2000.

Attorney(s) appearing for the Case

Linda Baldwin Jones, Joseph A. Creitz, Christian L. Raisner, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for the plaintiffs-appellants.

Deborah E.G. Wilder, Deborah Wilder & Associates, Burlingame, California, for the defendant-appellee.

Before: GOODWIN, SCHROEDER, and ALARCON, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

Laborers Health and Welfare Trust Fund for Northern California (the "Fund") appeals the district court's grant of summary judgment in favor of Leslie G. Delbon Co., Inc. in the Fund's action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1101, et seq., to collect unpaid employer contributions. The district court held that after 1984, Delbon had no obligation to make contributions to the...

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