Operating Engineers Pension Trust v. A-C Company

859 F.2d 1336 57 USLW 2115 , 109 Lab.Cas. P 10,624 , 110 Lab.Cas. P 10,895 OPERATING ENGINEERS PENSION TRUST, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Plaintiffs-Appellants, v. A-C COMPANY, a California corporation, Defendant-Appellee. No. 85-5998. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1987. Decided July 26, 1988. As Amended on Denial of Rehearing and Rehearing En Banc Nov. 10, 1988. Wayne Jett, Jett & Laquer, Pasadena, Cal., for plaintiffs-appellants. Jerry D. Cluff, Pain, Cluff & Olson, San Diego, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before ALARCON, NELSON and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 In this case we consider several issues relating to the interpretation of an employee benefit trust fund agreement, including the question of how our prior decisions regarding that agreement can be reconciled. At least as important, we also consider significant questions pertaining to when the filing of a lawsuit may be deemed frivolous under Rule 11. I.…