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GILER v. BOARD OF SHEET METAL WORKERS OF SO. CAL.

No. 73-1149.

509 F.2d 848 (1974)

Henry GILER and all other present and former members of Locals 108, 420, 509, 206, 273, 152, 88, 26, and 426 of the Sheet Metal Workers International Association similarly situated, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF SHEET METAL WORKERS PENSION PLAN OF SOUTHERN CALIFORNIA et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended January 7, 1975.

Attorney(s) appearing for the Case

Emanuel Gyler (argued), of Gyler & Gottlieb, Long Beach, Cal., for plaintiff-appellant.

Robert W. Filbert (argued), Beverly Hills, Cal., for defendants-appellees.

Before HUFSTEDLER and CHOY, Circuit Judges, and SOLOMON, District Judge.

OPINION

PER CURIAM:

The District Court dismissed an action in which Giler (plaintiff) asserted that the "break-in-service" provision of his union's pension plan was invalid. We affirm.

Giler voluntarily withdrew his membership in the Sheet Metal Workers Union in September, 1965, to become self-employed. On that date he had accumulated 17 years in pension credits. In December, 1966, when Giler reached the age of 50, he applied to the trustees of the...

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