International Union Of Operating Engineers-Employers Construction Industry Pension, Welfare And Training Trust Funds v. Karr

994 F.2d 1426 61 USLW 2774 , 125 Lab.Cas. P 10,751 , 16 Employee Benefits Cas. 2505 , Pens. Plan Guide P 23880L INTERNATIONAL UNION OF OPERATING ENGINEERS-EMPLOYERS CONSTRUCTION INDUSTRY PENSION, WELFARE AND TRAINING TRUST FUNDS, Plaintiff-Appellant, v. Richard D. KARR, d/b/a/ Alaska Unlimited Company, Defendant-Appellee. No. 91-35846. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1993. Decided June 4, 1993. Kim Williams, Davies, Roberts & Reid, Seattle, WA, for plaintiff-appellant. C. Craig Holley, Barokas & Martin, Seattle, WA, for defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before: WRIGHT, ALARCON and BEEZER, Circuit Judges. ALARCON, Circuit Judge: 1 International Union of Operating Engineers-Employers Construction Industry Pension, Welfare and Training Trust Funds ("Trusts") appeal from the order granting summary judgment in favor of Richard D. Karr, doing business as Alaska Unlimited Company ("AUC"). The Trusts seek reversal of the order dismissing their claims on two grounds. First, the Trusts contend that the doctrine of res judicata is inapplicable to this action, because a…