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BD. OF TRUSTEES OF CARPENTERS PENSION TRUST FUND v. REYES

No. 81-4353.

688 F.2d 671 (1982)

BOARD OF TRUSTEES OF CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, An Employee Pension Benefit Plan, Plaintiff-Appellant, v. Toni REYES, Ralph Reyes, Superior Court of the State of California in and for the County of Merced, George C. Barrett, As Judge of Said Court, and Michael Hennessey, As Sheriff of the City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1982.

Attorney(s) appearing for the Case

Thomas E. Stanton, San Francisco, Cal., argued, for plaintiff-appellant; Johnson & Stanton, San Francisco, Cal., Victor J. Van Bourg, Van Bourg, Allen & Weinberg, San Francisco, Cal., on brief.

C. Rick Chamberlin, Law Offices of Lawrence Strotter, San Francisco, Cal., for defendants-appellees.

Before SWYGERT, KENNEDY, ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

The Board of Trustees of Carpenters Pension Trust Fund for Northern California [the Fund] filed an action in the district court below against Toni Reyes [Toni] pursuant to the Employment Retirement Income Security Act [ERISA], 29 U.S.C. §§ 1001-1381 and 28 U.S.C. § 2201 (declaratory judgment). The district court granted Toni's motion for summary judgment against the Fund on May 29, 1982 and awarded her $3,296.00 in attorneys...

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