SMITH v. CMTA-IAM PENSION TRUST

No 79-4337.

654 F.2d 650 (1981)

Don Ray SMITH, Plaintiff-Appellant, v. CMTA-IAM PENSION TRUST, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1981.


Attorney(s) appearing for the Case

Stanley T. Grydyk, Grydyk & Pierce, Richmond, Cal., for plaintiff-appellant.

Warren Saltzman, Saltzman & Johnson, San Francisco, Cal., argued, for defendants-appellees; David W. Hettig, San Francisco, Cal., on brief.

Before SNEED and ANDERSON, Circuit Judges, and TASHIMA, District Judge.


SNEED, Circuit Judge:

Appellant Smith appeals from a dismissal of his complaint against the CMTA-IAM Pension Trust (the Plan). Jurisdiction was based on section 502(a)(1)(B) of the Employment Retirement Income Security Program (ERISA), 29 U.S.C. § 1132(a)(1)(B). We affirm in part and reverse in part.

I.

FACTS

The facts in this case are not in dispute. The CMTA-IAM Pension Trust is a multiemployer pension plan formed in 1960 by an agreement...

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