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ELSER v. I. A. M. NAT. PENSION FUND

Nos. 80-6095, 81-5024.

684 F.2d 648 (1982)

Madge H. ELSER and Margaret E. Thomas, individually and on behalf of all others similarly situated, Plaintiffs-Appellees and Cross-Appellants, v. I. A. M. NATIONAL PENSION FUND, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1982.

Rehearing and Rehearing Denied November 10, 1982.

Attorney(s) appearing for the Case

Robert M. Simpson, Rose, Klein & Marias, Los Angeles, Cal., for defendant-appellant and cross-appellee.

Robert D. Vogel, Pappy, Kaplon & Vogel, Los Angeles, Cal., for plaintiffs-appellees and cross-appellant.

Before HAYNSWORTH and CHOY, Circuit Judges and JAMESON, District Judge.

Rehearing and Rehearing En Banc Denied November 10, 1982.

JAMESON, Senior District Judge:

Defendant-appellant, I. A. M. National Pension Fund, has appealed from a judgment holding that the Fund's cancellation provisions are arbitrary and capricious and that plaintiffs-appellees, Madge H. Elser and Margaret C. Thomas, and others similarly situated, were improperly denied pensions.

I. Factual Background

The Fund operates a multiemployer...

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