REHMAR v. SMITH

No. 74-1953.

555 F.2d 1362 (1976)

Lillian Yanks REHMAR, Plaintiff-Appellee, v. Bernard L. SMITH et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing January 3, 1977

Rehearing Denied June 6, 1977.


Attorney(s) appearing for the Case

Richard Ernst (argued), Wilmington, Cal., for defendants-appellants.

Samuel R. Tannenbaum (argued), of Levy & Tannenbaum, Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, GOODWIN and WALLACE, Circuit Judges.


Rehearing En Banc Denied June 6, 1977.

WALLACE, Circuit Judge:

Lillian Rehmar (Lillian) brought this action against two pension fund trustees to recover a survivor's benefit allegedly due her under a collectively-bargained pension plan. The district judge applied principles developed by California courts in interpreting insurance contracts and gave judgment to Lillian for $18,800 plus interest and costs. The trustees appealed claiming that the state law of...

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