Harley B. Blankenship v. Omni Catering, Inc., Dba Movieland Caterers, and Vito P. Minerva

Good Law
21 F.3d 1111·1994 WL 112960·1994 U.S. App. LEXIS 20117
United States Court of Appeals for the Ninth CircuitApril 1, 199492-55871California3,563 words

Opinion

Opinion

21 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harley B. BLANKENSHIP, Plaintiff-Appellant, v. OMNI CATERING, INC., dba Movieland Caterers, Defendant, and Vito P. Minerva, Defendant-Appellee. No. 92-55871. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1993. Decided April 1, 1994. Before: FLETCHER and D.W. NELSON, Circuit Judges, and WILL, * District Judge. MEMORANDUM ** Plaintiff-Appellant Harley L. Blankenship, administrator and assignee of the Motion Picture Health and Welfare Fund and Pension Plan (the "trust funds") brought an action against defendant Vito P. Minerva, President of the now-defunct Omni Catering, Inc., alleging violations of the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. Sec. 1001 , and Sec. 301(a) of the Labor Management Relations Act ("LMRA"), 29 U.S.C. Sec. 186 . Blankenship sought to hold Minerva personally liable for over $200,000 owed by Omni to the trust funds in unpaid contributions,…

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