Retail Food, Meat, Poultry and Processing Employers Ufcw Local 126 Benefit Fund v. Zacky Farms, Dba Poppy Foods Company Poppy Foods Company

967 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. RETAIL FOOD, MEAT, POULTRY AND PROCESSING EMPLOYERS; UFCW Local 126 Benefit Fund, Plaintiffs-Appellants, v. ZACKY FARMS, dba Poppy Foods Company; Poppy Foods Company, Defendants-Appellees. No. 91-15821. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 15, 1992. Decided June 11, 1992. Before HUG, SKOPIL and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The welfare benefit fund appeals from a summary judgment on its action to enforce a fee against the employer for withdrawing from the fund. The district court held that the benefit fund lacked authority to impose a termination fee. We affirm. 3 The authority to enact a termination fee must be determined by the trust agreement. Board of Trustees of the Watsonville Frozen Food Welfare Trust Fund v. California Co-op. Creamery, 877 F.2d 1415 , 1420 (9th Cir.1989). The trust agreement here stated that an employer's liability is limited to the amounts…