Carpenters Health And Welfare Trust Fund For California v. Tri Capital Corp.

25 F.3d 849 62 USLW 2768 , 18 Employee Benefits Cas. 1838 CARPENTERS HEALTH AND WELFARE TRUST FUND FOR CALIFORNIA; Carpenters Pension Trust Fund for Northern California; Carpenters Vacation and Holiday Trust Fund for Northern California; Carpenters Apprenticeship and Training Trust Fund for Northern California; Carpenters Annuity Trust Fund for Northern California, Plaintiffs-Appellants, v. TRI CAPITAL CORP., Mark Diversified, Defendants-Appellees. No. 92-15112. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1993. Decided June 3, 1994. Christian L. Raisner, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for plaintiffs-appellants. James M. Nelson, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, CA, for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before FERGUSON, CANBY and BRUNETTI, Circuit Judges. Opinion by Judge BRUNETTI; Dissent by Judge FERGUSON. BRUNETTI, Circuit Judge: 1 Appellants, ERISA benefit plans for members of the carpenters' union, are owed money by a subcontractor for work performed on a building improvement project. They brought suit in state court…