Laborers Health and Welfare Trust Fund for Northern California v. Fisher Development, Inc.

81 F.3d 168 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Plaintiffs-Appellees, v. FISHER DEVELOPMENT, INC., Defendant-Appellant. No. 94-15596. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 13, 1995. Decided April 1, 1996. 1 Before: WIGGINS and LEAVY, Circuit Judges and REAL * , District Judge. 2 MEMORANDUM ** 3 Fisher Development, Inc. appeals from a summary judgment in a trust fund collection action which resulted from the conduct of parties to a collective bargaining agreement. We reverse and remand. 4 Fisher Development, Inc. ("Fisher") is a nationwide general contractor and project manager that engages various subcontractors, union and non-union. The Northern California District Council of Laborers ("District Council") is a voluntary, unincorporated association, comprised of affiliated local unions and is the Collective Bargaining Representative for the Union with…