International Union Of Bricklayers & Allied Craftsman Local Union No. 20, Afl-Cio v. Martin Jaska, Inc.

752 F.2d 1401 118 L.R.R.M. (BNA) 2890 , 40 Fed.R.Serv.2d 1421 , 102 Lab.Cas. P 11,354 INTERNATIONAL UNION OF BRICKLAYERS & ALLIED CRAFTSMAN LOCAL UNION NO. 20, AFL-CIO; Brick And Tile Health And Welfare Trust; Brick And Tile Pension Trust; Brick And Tile Vacation Trust, Plaintiffs-Appellants, v. MARTIN JASKA, INC., et al., Defendant-Appellee. No. 84-5634. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 3, 1984. Decided Jan. 30, 1985. 1 Ray Van Der Nat, Van Der Nat, McNeil & Haywood, Los Angeles, Cal., for plaintiffs-appellants. 2 John H. Stephens, Cox, Castle & Nicholson, Los Angeles, Cal., for defendant-appellee. 3 Appeal from the United States District Court for the Central District of California. 4 Before WALLACE and BOOCHEVER, Circuit Judges, and MacBRIDE, * District Judge. MacBRIDE, District Judge: 5 The International Union of Bricklayers and affiliated benefit trust funds ("Bricklayers") sued appellee Martin Jaska, Inc. ("Jaska"), a construction general contractor, for damages caused by Jaska's breach of collective bargaining agreements it had with two other unions. Bricklayers theorized that it was the intended third-party beneficiary of…