SAILER v. RETIREMENT FUND TRUST, ETC.

No. 77-3025.

599 F.2d 913 (1979)

Harry SAILER, Plaintiff-Appellant, v. RETIREMENT FUND TRUST OF the PLUMBING, HEATING AND PIPING INDUSTRY OF SOUTHERN CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 2, 1979.


Attorney(s) appearing for the Case

Laura W. Kaplan, of Neighborhood Legal Services Inc., Sacramento, Cal., Neal S. Dudovitz and Bruce Miller, Los Angeles, Cal., for plaintiff-appellant.

Richard J. Davis, Jr., Brundage, Beeson & Pappy, Los Angeles, Cal., for defendant-appellee.

Before KILKENNY and SNEED, Circuit Judges, and SKOPIL, District Judge.


SKOPIL, District Judge:

Appellant, Harry Sailer, a participant in a union pension plan, challenges the denial of his application for a disability pension. He claims that the denial was arbitrary and capricious, in violation of Section 302(c)(5) of the Taft-Hartley Act, 29 U.S.C. § 186(c)(5). Mr. Sailer appeals from the district court's grant of summary judgment against several of his principal claims. We affirm.

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