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STONE v. STONE

No. 78-2313.

632 F.2d 740 (1980)

Noel Zeona STONE, Plaintiff-Appellee, v. Ward Herbert STONE, Defendant, and Seafarers International Union, Pacific District, Pacific Maritime Association Pension Plan, Defendant-Appellant, and Carpenters Pension Trust for Southern California, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted July 23, 1980.

Decided September 29, 1980.

Rehearing Denied November 24, 1980.

Attorney(s) appearing for the Case

Lawrence Teplin and John S. Miller, Jr., Los Angeles, Cal., Michael H. Salinsky, San Francisco, Cal., argued, for defendant-appellant; Edward A. Scallet, Washington, D. C., Dennis Daniels, Ernst & Daniels, John Paul Jennings, Noble K. Gregory, San Francisco, Cal., on brief.

Dennis R. Pedersen, Walnut Creek, Cal., for plaintiff-appellee.

Before WRIGHT, GOODWIN and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

Seafarers International Union, Pacific District-Pacific Maritime Association Pension Plan (the Plan) appeals from the district court's grant of summary judgment in favor of Noel Zeona Stone (Noel). Stone v. Stone, 450 F.Supp. 919 (N.D.Cal.1978). On the merits, the case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq...

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