Legal Opinion
Building Service Employees Pension Trust v. American Building Maintenance Co.
Court of Appeals for the Ninth Circuit
Decided September 22, 1987No. Nos. 86-2251, 86-2240PublishedCited by 4 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
The Building Service Employees Pension Trust and Health and Welfare Trust (the Trusts) appeal the district court’s grant of summary judgment in favor of Allied Building Maintenance Co. (ABM). We see a question of fact here, on the issue of mistake; and we reverse.
In early 1984, a conflict between the Trusts and ABM was resolved when ABM agreed to pay delinquent contributions for the years 1978,1979, and 1980. Audits had revealed that delinquent contributions of $296,726.74 were owed to the Health and Welfare Trust and $146,718.29 were owed to the Pension Trust. ABM paid…
2Cases cited6 opinions
- Amato v. BernardCourt of Appeals for the Ninth Circuit · 1980
- Winton Kemmis v. James P. McGoldrick Individually and Doing Business as James P. McGoldrick Consulting EngineersCourt of Appeals for the Ninth Circuit · 1983
- Moving Picture MacHine Operators Union Local No. 162 v. Glasgow Theaters, Inc.California Court of Appeal · 1970
- Frank Keppard v. International Harvester Co. And International Union, United Automobile-Aerospace-Agricultural Implement Workers of AmericaCourt of Appeals for the Ninth Circuit · 1978
- Architects & Contractors Estimating Service, Inc. v. SmithCalifornia Court of Appeal · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Operating Engineers Local 139 Health Benefit Fund v. Gustafson Construction CorporationCourt of Appeals for the Seventh Circuit · 2001
- Building Service Employees Pension Trust v. American Building Maintenance Co.Court of Appeals for the Ninth Circuit · 1987
- Operating Health 139 v. GustafsonCourt of Appeals for the Seventh Circuit · 2001
- Trustees of the Construction Industry & Laborers Health & Welfare Trust v. Summit Landscape CompaniesDistrict Court, D. Nevada · 2004