778 F2d 538 Operating Engineers Pension Trust v. Charles Minor Equipment Rental Inc

778 F.2d 538

OPERATING ENGINEERS PENSION TRUST, Operating Engineers
Health & Welfare Fund, Operating Engineers
Vacation-Holiday Savings Trust and
Operating Engineers Training
Trust, Plaintiffs/Appellants,
v.
CHARLES MINOR EQUIPMENT RENTAL, INC., Defendant/Appellee.

No. 84-6044.

United States Court of Appeals,
Ninth Circuit.

Dec. 12, 1985.

Wayne Jett, Brian Ray Hodge, Jett, Clifford & Laquer, Los Angeles, Cal., for plaintiffs/appellants.

Albert J. Tomigal, Wilson Clark, Marina Del Rey, Cal., for defendant/appellee.

Before SCHROEDER, FLETCHER and FARRIS, Circuit Judges.

ORDER


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1

The majority opinion filed July 22, 1985, 766 F.2d 1301, is amended as follows:

2

At page 1304, column 2, line 3, delete the words "res judicata" and substitute "binding as precedent."