HURN v. RETIREMENT FUND TRUST OF PLUMBING, ETC.

No. 79-3141.

648 F.2d 1252 (1981)

Ellis M. HURN, 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.

Decided June 26, 1981.


Attorney(s) appearing for the Case

Henry Fenton, Los Angeles, Cal., for plaintiff-appellant.

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

Before GIBSON, Senior Circuit Judge, SNEED and TANG, Circuit Judges.


TANG, Circuit Judge:

Ellis Hurn appeals from the grant of summary judgment in favor of the Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California ("the Fund") and from the denial of his motion for leave to amend his complaint. We affirm in part and reverse in part.

Hurn began receiving early retirement pension benefits in June, 1975. In November, 1975 Hurn accepted nomination to the office of president of Local 250. As a...

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