Legal Opinion
Winton Kemmis v. James P. McGoldrick Individually and Doing Business as James P. McGoldrick Consulting Engineers
Court of Appeals for the Ninth Circuit
Decided May 24, 1983No. 82-5466PublishedCited by 82 opinions
1Opinion of the Court
SKOPIL, Circuit Judge:
The trustees of four employee benefit funds appeal the district court’s judgment for the employer in their action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132 (1976 & Supp.' V 1981), to enforce payment of trust fund contributions. We reverse.
FACTS AND PROCEEDINGS BELOW
McGoldrick, the owner of a consulting engineering firm, signed a short form collective bargaining agreement with Local Union No. 12 of the International Union of Operating Engineers (“Local 12”). The short form agreement incorporates by reference the Master Survey Agreement,…
2Cases cited11 opinions
- Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
- Transportation-Communication Employees Union v. Union Pacific RailroadSupreme Court of the United States · 1966
- 35 Fair empl.prac.cas. 574, 30 Empl. Prac. Dec. P 33,116 Liberty Mutual Insurance Company, Etc. v. Equal Employment Opportunity Commission, and State of California Fair Employment and Housing Commission (Successor to State of California Fair Employment Practice Commission)Court of Appeals for the Ninth Circuit · 1982
- William Waggoner v. Robert Lee DallaireCourt of Appeals for the Ninth Circuit · 1981
- Seymour v. Hull & Moreland EngineeringCourt of Appeals for the Ninth Circuit · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Charles W. Leigh and Ervin F. Dusek, Etc., and George Johnson, Intervening v. Clyde William EngleCourt of Appeals for the Seventh Circuit · 1984
- Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
- Paddack v. Dave Christensen, Inc.Court of Appeals for the Ninth Circuit · 1984
- Operating Engineers Pension Trust, and Cross-Appellees v. Harold E. Reed, Etc., and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1984
- Arizona Laborers, Teamsters & Cement Masons Local 395 Health & Welfare Trust Fund v. Conquer Cartage Co.Court of Appeals for the Ninth Circuit · 1985
77 more not listed; retrieve them via the Exa API.