M & R Investment Company, Inc. v. Fitzsimmons

685 F.2d 283 3 Employee Benefits Ca 1835 M & R INVESTMENT COMPANY, INC., Plaintiff-Appellant, v. Frank C. FITZSIMMONS, et al., Defendants-Appellees, and Raymond Donovan, * Secretary of Labor, United States Department of Labor, Intervenor-Defendant-Appellee. Nos. 80-5281, 80-5538. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1981. Decided Aug. 24, 1982. Andrew F. Puzder, St. Louis, Mo., argued, for M & R Inv. Co., Inc.; Morton R. Galane, Las Vegas, Nev., on brief. Alan Mund, Fulop, Rolston, Burns & McKittrick, Beverly Hills, Cal., for Fitzsimmons, et al. Richard P. Carr, Washington, D. C., for Marshall. Appeal from the United States District Court for the District of Nevada. Before SNEED, HUG and SKOPIL, Circuit Judges. HUG, Circuit Judge: 1 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…