Paddack v. McDonald

*669JONES, J.

Plaintiffs brought this suit for an examination of defendant’s payroll records and for recovery of any unpaid fringe benefit contributions found due as a result of the payroll examination, pursuant to the Labor Management Relations Act of 1947, 29 USC § 141, et seq., and the Employee Retirement Income Security Act of 1974, 29 USC § 1001, et seq., as amended.

Defendant filed a motion to dismiss the plaintiffs’ complaint, pursuant to ORCP 21,1 for failure to state facts sufficient to constitute a claim. Defendant contended the complaint did not contain an allegation that at the time the…