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TOENSING v. BROWN

No. 74-2144.

528 F.2d 69 (1975)

Gustave D. TOENSING et al., Plaintiffs-Appellants, v. E. A. BROWN et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 29, 1975.

Attorney(s) appearing for the Case

Ralph M. Segura (argued), Beserra & Segura, Concord, Cal., for plaintiffs-appellants.

Thomas E. Stanton, Jr. (argued), Johnson & Stanton, San Francisco, Cal., for defendants-appellees.

Before BROWNING and CHOY, Circuit Judges, and SKOPIL, District Judge.

OPINION

SKOPIL, District Judge:

Plaintiffs are retired carpenters and beneficiaries under the Carpenters Pension Trust Fund for Northern California (Fund). Defendants are the Fund's trustees. The Fund, which was established in 1958, is subject to the provisions of § 302 of the Labor Management Relations Act of 1947, 29 U.S.C. § 186.

In the first count of their complaint, plaintiffs accuse the trustees of having violated their duty under...

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