19 Employee Benefits Cas. 2503, 96 Cal. Daily Op. Serv. 417, 96 Daily Journal D.A.R. 678, Pens. Plan Guide P 23917k Associated General Contractors, San Diego Chapter, Inc., Apprenticeship and Training Trust Fund v. Owen Smith, in His Official Capacity as a Member of the California Apprenticeship Council, and Gail W. Jesswein, in His Official Capacity as a Member of the California Apprenticeship Council California Apprenticeship Council

74 F.3d 926 19 Employee Benefits Cas. 2503 , 96 Cal. Daily Op. Serv. 417, 96 Daily Journal D.A.R. 678 , Pens. Plan Guide P 23917K ASSOCIATED GENERAL CONTRACTORS, SAN DIEGO CHAPTER, INC., APPRENTICESHIP AND TRAINING TRUST FUND, Plaintiff-Appellee, Cross-Appellant, v. Owen SMITH, in his official capacity as a member of the California Apprenticeship Council, et al., Defendants, and Gail W. Jesswein, in his official capacity as a member of the California Apprenticeship Council; California Apprenticeship Council, Defendants-Appellants, Cross-Appellees. Nos. 92-55618, 92-55780. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1995. Decided Jan. 22, 1996. Jack T. Kerry, Deputy Attorney General, Los Angeles, California; Julian O. Standen, Deputy Attorney General, San Francisco, California, for defendants-appellants-cross-appellees. Mark T. Bennett and David P. Wolds, Merrill, Schultz & Wolds, San Diego, California, for plaintiffs-appellees-cross-appellants. Appeal from the United States District Court for the Southern District of California. Before: BOOCHEVER, T.G. NELSON, and KLEINFELD, Circuit Judges. BOOCHEVER, Circuit Judge: 1 California Apprenticeship…