Operating Engineers Pension Trust v. G.C. Wallace, Inc.

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. OPERATING ENGINEERS PENSION TRUST; Operating Engineers Health & Welfare Fund; Operating Engineers Vacation-Holiday Savings Trust; Operating Engineers Training Trust, Plaintiffs-Appellants, v. G.C. WALLACE, INC., a Nevada Corporation; Surveyors, Inc., a Nevada Corporation, Defendants-Appellees. No. 93-15421. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1994. Decided Sept. 23, 1994. Before: NORRIS, THOMPSON, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 A 1983 labor agreement that expired on July 31, 1986, between G.C. Wallace, Inc. ("GCWI") and the International Union of Operating Engineers ("union"), mandated that GCWI contribute to various Operating Engineers Trust Funds ("the Trust") on behalf of work performed by the covered employees. 3 In 1985, GCWI owners formed Surveyors, Inc. ("Surveyors"), a nonunion company, and transferred three major jobs from GCWI to Surveyors.…