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KENNEDY v. ALLIED MUT. INS. CO.

No. 90-55258.

952 F.2d 262 (1991)

Drake C. KENNEDY; Brian H. Kennedy, Co-Trustees of the Regency Outdoor Advertising, Inc., Defined Benefit Pension Plan Trust, Plaintiffs-Appellants, v. ALLIED MUTUAL INSURANCE CO., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 18, 1991.

Attorney(s) appearing for the Case

Joseph F. Hart, Weinstein & Hart, Beverly Hills, Cal., for plaintiffs-appellants.

Robert J. Enders, Jr., and Ronald W. Hopkins, Gascou, Gemmill & Thornton, Los Angeles, Cal., for defendant-appellee.

Before BEEZER, HALL and TROTT, Circuit Judges.

TROTT, Circuit Judge:

This case turns on whether the Regency Outdoor Advertising, Inc. Defined Benefit Pension Plan Trust (the "Plan") is an "employee pension benefit plan" within the meaning of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (1988) ("ERISA"). The district court in granting summary judgment concluded it was not. We conclude that the district court's basis for granting...

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