James Brown v. Southern California Ibew-Neca

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES BROWN, an individual,  Plaintiff-Appellee, No. 08-55398 v. D.C. No. SOUTHERN CALIFORNIA IBEW-  2:06-cv-06740- NECA TRUST FUNDS, an MMM-JC unincorporated association, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding

Argued and Submitted April 14, 2009—Pasadena, California

Filed December 7, 2009

Before: Alex Kozinski, Chief Judge, Harry Pregerson, Circuit Judge, and Richard Mills,* District Judge.

Opinion by Judge Pregerson

*The Honorable Richard Mills, United States District Judge for the Central District of Illinois, sitting by designation.

15965 BROWN v. SOUTHERN CALIFORNIA IBEW-NECA 15967

COUNSEL

Donald C. Carroll, Charles P. Scully, II, Law Offices of Car- roll & Scully, Inc., San Francisco, California, for the defendant-appellant.

John R. St. John, St. John, Wallace, Brennan & Folan LLP, for the plaintiff-appellee. 15968 BROWN v. SOUTHERN…