432 F.Supp. 580 (C.D.Cal. 1977), CV 76-3255, Waggoner v. R. McGray, Inc.

Docket Nº:CV 76-3255-AAH.
Citation:432 F.Supp. 580
Party Name:William C. WAGGONER et al., Plaintiffs, v. R. McGRAY, INC., et al., Defendants.
Case Date:May 26, 1977
Court:United States District Courts, 9th Circuit

Page 580

432 F.Supp. 580 (C.D.Cal. 1977)

William C. WAGGONER et al., Plaintiffs,


R. McGRAY, INC., et al., Defendants.

No. CV 76-3255-AAH.

United States District Court, D. California.

May 26, 1977

Page 581

        John Chakmak, Stafford, Buxbaum & Chakmak, Claremont, Cal., for defendant Tri-Central Const. Co.

        S. R. Zimmerman, Santa Barbara, Cal., for defendant O'Shaughnessy Const. Co.

        Albert Rush of law offices of Wayne Jett, Los Angeles, Cal., for plaintiffs.

        Findings Of Fact And Conclusions Of Law

        HAUK, District Judge.

        This case came to be heard before this court on May 2, 1977, in courtroom 1, before the Honorable A. Andrew Hauk, Judge presiding, upon the motions of Defendants, Tri-Central Construction Company and O'Shaughnessy Construction Company, to dismiss the Plaintiffs' complaint against said Defendants pursuant to Rule 12(b)(6) F.R.Civ.P. The court, having read and studied the official court record in this action, including the complaint and the points and authorities filed by Plaintiffs and Defendants and having heard oral argument on said motions, hereby makes the following findings of fact and conclusions of law pursuant to Rule 7 of the Rules of the United States District Court for the Central District of California.

        For purposes of deciding these motions, all material allegations of the complaint are deemed admitted. Walker Process Equip. v. Food Mach. & Chemical Corp. (1965), 382 U.S. 172, 86 S.Ct. 347, 15 L.Ed.2d 247. Said material allegations are set forth under the heading of Findings of Fact.


        1. The Plaintiffs in this action are the trustees and together respectively constitute the boards of trustees of the Operating Engineers Health and Welfare Fund, Pension Trust, Vacation-Holiday Savings Trust, and Journeyman and Apprentice Training Trust. Said trusts were established and perpetuated by collective bargaining agreements between the International Union of Operating Engineers, Local Union No. 12 (hereinafter "Local 12"), and certain employer associations.

        2. The collective bargaining agreement known as the Master Labor Agreement establishes certain working conditions applicable to employees in the construction industry in the Southern California area.

        3. Defendants, Tri-Central Construction Company (hereinafter "Tri-Central") and O'Shaughnessy Construction Company (hereinafter "O'Shaughnessy")...

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