M & R Investment Co. v. Fitzsimmons

HUG, Circuit Judge:

This is a consolidated appeal of two judgments by the district court. First, M & R Investment Co., Inc. (M & R) appeals the dismissal of its action for specific performance and damages for breach of contract by the Trustees of the Central States, Southeast and Southwest Areas Pension Fund (Trustees). The district court’s decision is reported at M & R Investment Co., Inc. v. Fitzsimmons, 484 F.Supp. 1041 (D.Nev.1980) (hereinafter M & R v. Fitzsimmons). Second, Trustees appeal a summary judgment denying them costs and attorneys’ fees under the Employee Retirement Income…