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SERVER v. INTERPACE CORP.

No. 79-3832.

657 F.2d 1115 (1981)

Concha B. SERVER, Plaintiff-Appellee, v. INTERPACE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1981.

Attorney(s) appearing for the Case

Raul L. Martinez, Lewis, D'Amato, Brisbois & Bisgaard, Los Angeles, Cal. (argued), for defendant-appellant; Neal S. Dudovitz, Los Angeles, Cal., on brief.

Robert M. Simpson, Rose, Klein & Marias, Los Angeles, Cal., for plaintiff-appellee.

Before ANDERSON and POOLE, Circuit Judges, and EAST, District Judge.

POOLE, Circuit Judge.

The district court granted Concha Server's motion for summary judgment finding that as a matter of law the offset of Server's workers' compensation benefits against her retirement benefits violated provisions of ERISA. Appellant, Interpace Corporation, appeals and we reverse.

FACTS

Appellee, Server, was an employee of Interpace from July 26, 1951 until October 1, 1975 when she suffered a job related back injury that left...

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