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CULINARY & SERVICE EMP. UNION v. HAWAII EMP. BEN. ADMINISTRATION

No. 81-4114.

688 F.2d 1228 (1982)

CULINARY AND SERVICE EMPLOYEES UNION, AFL-CIO LOCAL 555; Anthony Rutledge and Arthur Rutledge, as Union Trustees for the Hotel Union and Hotel Industry of Hawaii Pension Trust, etc., Plaintiffs-Appellants, v. HAWAII EMPLOYEE BENEFIT ADMINISTRATION, INC., et al., Defendants, and Hotel, Restaurant Employees and Bartenders Union, Local 5 AFL-CIO; Frances M. McCallum, Richard Tam and Romeo M. Mindo, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1982.

As Amended September 27, 1982.

Attorney(s) appearing for the Case

John A. Chanin, Honolulu, Hawaii, Lawrence I. Weisman, Towson, Md., for plaintiffs-appellants.

Arthur Y. Park, Park & Kim, Honolulu, Hawaii, for defendants-appellees.

Before HAYNSWORTH, Senior Circuit Judge, MERRILL, Senior Circuit Judge, and WALLACE, Circuit Judge.

WALLACE, Circuit Judge:

Appellants Arthur and Anthony Rutledge (the Rutledges) are former union trustees of two employee benefit trust funds. They were removed from the board of trustees by Tam and certain other defendants-appellees, elected officials of Local 5 of the Hotel, Restaurant and Bartenders Union (Local 5), who substituted themselves as union trustees in place of the Rutledges following their January 1980 election as officers of Local 5. The Rutledges and...

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