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MOTION PICTURE IND. PEN. v. N.T. AUDIO VISUAL

No. 98-55611

259 F.3d 1063 (2001)

Motion Picture Industry Pension & Health Plans, Plaintiff-Appellee, v. N.T. Audio Visual Supply, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2001

Attorney(s) appearing for the Case

Lisa F. Rosenthal, Law Offices of Lisa F. Rosenthal, Woodland Hills, California; Michael J. Rand (argued), Law Offices of Michael J. Rand, Encino, California, for the Appellant.

Steven Holguin, Satoshi Yanai (argued), Holguin & Garfield, Los Angeles, California, for the Appellee.

Before: Harry Pregerson, John T. Noonan, and Diarmuid F. O'Scannlain, Circuit Judges.

Argued and Submitted November 1, 1999 — Pasadena, California

Opinion by Judge O'SCANNLAIN; Dissent by Judge PREGERSON

O'SCANNLAIN, Circuit Judge:

We must decide, in an action under the Employment Retirement Income Security Act ("ERISA"), whether trustees of employee benefit plans produced sufficient evidence of employer liability on summary judgment to shift the burden of production.

I

N.T. Audio, a corporation engaged in the...

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