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MUSIC v. WESTERN CON. OF TEAM. PEN. TRUST FUND

No. 79-4251.

712 F.2d 413 (1983)

Frank MUSIC, Plaintiff-Appellant, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 2, 1983.

As Amended on Denial of Rehearing August 29, 1983.

Attorney(s) appearing for the Case

Dennis K. Bromley, Robert A. Gordon, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendant-appellee.

Stephen McKae, Moore, Sizoo & Cantwell, Oakland, Cal., for plaintiff-appellant.

Before SKOPIL, ALARCON, and BOOCHEVER, Circuit Judges.

ALARCON, Circuit Judge:

Appellant Frank Music appeals from a grant of summary judgment in favor of the Western Conference of Teamsters Pension Trust Fund and the denial of his cross-motion for summary judgment. For the reasons stated below, we reverse the judgment of the district court.1

FACTS

Frank Music (hereinafter "Music") was a participant in the Western Conference of Teamsters Pension Trust Fund (hereinafter "Trust...

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