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WILSON v. BOARD OF TRUSTEES, ETC.

No. 77-1266.

564 F.2d 1299 (1977)

Cliff J. WILSON, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF the PENSION TRUST FUND FOR OPERATING ENGINEERS AND PENSION TRUST FUND FOR OPERATING ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 24, 1978.

Attorney(s) appearing for the Case

Bruce K. Miller, Washington, D. C., argued, for plaintiff-appellant Wilson.

Thomas E. Stanton, Jr., San Francisco, Cal., argued, for defendant-appellee Operating Eng. Pension Trust Fund.

Before WALLACE and SNEED, Circuit Judges, and BOLDT, District Judge.

Rehearing and Rehearing In Banc Denied January 24, 1978.

SNEED, Circuit Judge:

Appellant Wilson brought this action to compel payment to him by appellee Trust Fund of certain disability benefits to which he asserts he is entitled. His claim is that the Trust Fund's break-in-employment rule, as applied to him and others who might be similarly situated, is arbitrary and unreasonable in that it operates to deprive him of certain Pension Credits attributable to...

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