Eldridge

Plumbers & Pipefitters National Pension Fund v. Eldridge

Good Law
232 F. App'x 680
United States Court of Appeals for the Ninth CircuitMay 16, 2007No. 05-35623California927 words

Opinion

Lead Opinion

MEMORANDUM **

Plumbers, Steamfitters and Marine Fitters Local 290 (“the union”) and its affiliated trust funds (“the trust funds”) (collectively, “appellants”) appeal the district court’s order awarding them a portion of the amount of unpaid fringe benefit contributions, union dues, interest, and liquidated damages they had sought from Daniel Eldridge, formerly doing business as Kodiak Plumbing Service; Shatzi Enterprises, Inc.; and Shatzi Incorporated (collectively, “appellees”). Because the parties are familiar with the facts of the case, we recite them only as necessary. We affirm in part, reverse in part and remand this case for further consideration.

I. The district court erred in concluding that plaintiffs are not entitled to payments for hours worked by appellees’ employees from March 2003 through July 2003.

Appellants sought reimbursement for hours worked by appellees’ employees from March 31, 2003 through July 31, 2003. The district court’s finding that “the union had actual notice of contract *682 termination when [appellees’] letter was delivered to the union’s business agent in January of 2003, thereby terminating the contract on its specified date of March 31,…

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