Board Of Trustees Of The Construction Laborers' Pension Trust For Southern California v. M.M. Sundt Construction Co.

37 F.3d 1419 BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS' PENSION TRUST FOR SOUTHERN CALIFORNIA, Plaintiff-Appellant, v. M.M. SUNDT CONSTRUCTION CO., Sundt Corporation; Sundt Products, Inc., Sundt Industrial Contractors, Inc., Defendants-Appellees. No. 93-55428. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1994. * Decided Oct. 19, 1994. As Amended on Denial of Rehearing Nov. 23, 1994. Herbert J. Klein & John S. Miller, Cox, Castle & Nicholson, Los Angeles, CA, for plaintiff-appellant. Mark T. Bennett & David P. Wolds, Merrill, Schultz & Wolds, San Diego, CA, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: D.W. NELSON, NORRIS, and BOGGS, ** Circuit Judges. PER CURIAM: 1 Plaintiff, Board of Trustees of the Construction Laborers' Pension Trust for Southern California, and defendants, M.M. Sundt Construction and its subsidiary companies, are in arbitration over the amount of defendants' withdrawal liability to the trust, pursuant to the Employee Retirement Income Security Act ("ERSIA"). 29 U.S.C. Sec. 1399 . Plaintiff sought discovery of information relating to the issue of…