United Union Of Roofers, Waterproofers, And Allied Trades No. 40 v. Insurance Corporation Of America

919 F.2d 1398 136 L.R.R.M. (BNA) 2013 , 117 Lab.Cas. P 10,441 , 18 Fed.R.Serv.3d 963 UNITED UNION OF ROOFERS, WATERPROOFERS, AND ALLIED TRADES NO. 40, an unincorporated labor organization, Plaintiff-Appellant, v. INSURANCE CORPORATION OF AMERICA, a corporation, Defendant-Appellee. No. 89-15068. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1990. Decided Dec. 4, 1990. Roger A. Carnagey, Oakland, Cal., for plaintiff-appellant. Peter E. Romo, Jr. and Peter A. Smalbach, Adams, Duque & Hazeltine, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before CHOY, TANG and BEEZER, Circuit Judges. CHOY, Circuit Judge: 1 The United Union of Roofers, Waterproofers, and Allied Trades, Local No. 40 (Union), appeals from the order of the district court dismissing its complaint against Insurance Corporation of America (ICA) and the court's refusal to file its first amended complaint. This appeal involves the questions whether the Union had standing to assert the rights of its members who sought payment of past wages from a payment bond issued by ICA, and whether the court should have…