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EMPLOYEE BENEFITS COMMITTEE, ETC. v. PASCOE

No. 81-4014.

679 F.2d 1319 (1982)

The EMPLOYEE BENEFITS COMMITTEE OF the RETIREMENT SYSTEM OF HAWAIIAN TELEPHONE COMPANY, and The Hawaiian Telephone Company, Plaintiff/Appellants, v. Eleanor PASCOE, Edward Young, Edmund Lin, Frank Yee, Cornelio Kaai, James Jeremiah, and Local 1357, IBEW, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Jared H. Jossem, Roger W. Fonseca, J. George Hetherington, Honolulu, Hawaii, for plaintiffs/appellants.

Herbert R. Takahashi, Dwight Takamine, Honolulu, Hawaii, for defendants/appellees.

Before SNEED, PREGERSON and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Appellants, the Employee Benefits Committee of the Retirement System of the Hawaiian Telephone Company (the Committee) and the Hawaiian Telephone Company (the Company), appeal from a grant of summary judgment in favor of the appellees entered by the district court. The district court found, that, as a matter of law, the provision in the appellants' pension plan permitting offset of workers' compensation benefits against benefits provided under...

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