Legal Opinion

Award Service, Inc. v. Northern California Retail Clerks Unions and Food Employers Joint Pension Trust Fund, a Trust Fund

Court of Appeals for the Ninth Circuit

Decided June 19, 1985No. 83-2625PublishedCited by 45 opinions

1Opinion of the Court

CANBY, Circuit Judge.

This action arises under section 302(e) of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 186(e), and sections 403(c) and 502(e) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1103(c) and 1132(e). It was brought by Award Service, an “employer” as defined in 29 U.S.C. § 1002(5), against the Northern California Retail Clerks Unions and Food Employers Joint Pension Trust (Pension Trust), a multiemployer pension fund, for recovery of contributions allegedly made to the Pension Trust in violation of section 302(c) of the LMRA.

Award Service alleges…

2Cases cited25 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. United Mine Workers of America Health & Retirement Funds v. RobinsonSupreme Court of the United States · 1982
  3. Fentron Industries, Inc. v. The National Shopmen Pension FundCourt of Appeals for the Ninth Circuit · 1982
  4. R.J. Williams Company, Richard J. Williams and Fireman's Fund Insurance Company v. Fort Belknap Housing AuthorityCourt of Appeals for the Ninth Circuit · 1983
  5. Pearl Sellers, Administratrix of Estate of Clay D. Sellers, Deceased v. John J. O'COnnellCourt of Appeals for the Sixth Circuit · 1983

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3Cited by45 opinions

  1. Provident Life & Accident Insurance Company v. Mary J. Waller, Provident Life & Accident Insurance Company v. Mary J. WallerCourt of Appeals for the Fourth Circuit · 1990
  2. George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
  3. Whitworth Bros. Storage Company v. Central States, Southeast and Southwest Areas Pension Fund, DefendantsCourt of Appeals for the Sixth Circuit · 1986
  4. Jamail, Inc., Cross-Appellant v. The Carpenters District Council of Houston Pension & Welfare Trusts, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1992
  5. Dime Coal Co. v. CombsCourt of Appeals for the Eleventh Circuit · 1986

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