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TOMLIN v. BD. OF TRUSTEES OF CONST. LABORERS

Nos. 77-2673, 77-3940.

586 F.2d 148 (1978)

Amos TOMLIN, Appellant, v. BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA and the Construction Laborers Pension Trust for Southern California, Appellees. Frank STREETER, Appellant, v. BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA and the Construction Laborers Pension Trust for Southern California, Appellees.

United States Court of Appeals, Ninth Circuit.

November 13, 1978.

Attorney(s) appearing for the Case

Gill Deford (argued), Julius C. Wesson, Los Angeles, Cal., for appellant.

Kenneth J. Sackman (argued), Beverly Hills, Cal., James Wolf, Los Angeles, Cal., for appellees.

Before CARTER and KENNEDY, Circuit Judges, and KRAFT, District Judge.

KRAFT, District Judge:

In each of these cases, consolidated upon appeal, no genuine issue of material fact existed and appellants and appellees filed cross-motions for summary judgment. The single issue presented, therefore, is whether the court below incorrectly applied the substantive law in granting judgment for the defendant-appellees. Inland Cities Express, Inc. v. Diamond National Corp., 524 F.2d 753, 754 (9th Cir. 1975...

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