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PONCE v. CONST. LABORERS PENSION TRUST

Nos. 79-3109, 79-3274.

628 F.2d 537 (1980)

Augustine PONCE et al., Plaintiffs-Appellants, v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA et al., Defendants-Appellees. Tom GILCHRIST, Plaintiff-Appellant, v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Bruce K. Miller, Los Angeles, Cal., for plaintiffs-appellants.

Kenneth J. Sackman, Beverly Hills, Cal., Lionel Richman, Los Angeles, Cal., argued, for defendants-appellees; James Wolf, Los Angeles, Cal., on brief.

Before PECK, ANDERSON and FERGUSON, Circuit Judges.

PECK, Circuit Judge.

The two cases now before the Court have been consolidated for disposition. The plaintiffs in these cases challenge as "arbitrary and capricious" certain vesting requirements (specifically, the "15-year credited service" requirement and the "break-in-service" rule) of the Construction Laborers Pension Trust for Southern California. Plaintiffs brought these appeals after the district court had entered summary judgments in favor of defendants.

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