No. 25973.

453 F.2d 1309 (1971)

Handee T. LEE, Plaintiff-Appellee, v. Robert NESBITT et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing February 7, 1972.

Attorney(s) appearing for the Case

Michael A. Cardozo (argued), Edward Silver, of Proskauer, Rose, Goetz & Mendelsohn, New York City, Fredric C. Tausend, David G. Knibb, of Schweppe, Doolittle, Krug & Tausend, Seattle, Wash., for defendants-appellants.

Clinton F. Raymond, Jr. (argued), Dexter A. Washburn, of Jones, Grey, Bayley & Olsen, Paul J. Fisher, Seattle, Wash., for plaintiff-appellee.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.

KOELSCH, Circuit Judge:

Lee commenced this action in the District Court against the Trustees of the National Maritime Union Pension Trust, seeking a judgment declaring invalid one of the rules prescribing eligibility requirements for a retirement pension, specifically the "break-in-employment" rule (hereinafter "the rule"), and further declaring him to be entitled to a pension. Federal jurisdiction was based on the diversity of citizenship of the parties. Dersch v...


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