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SHATTO v. EVANS PRODUCTS CO.

No. 83-3826.

728 F.2d 1224 (1984)

Wayne W. SHATTO; John S. Pemberton; and Alvin B. Swigert, Plaintiffs-Appellants, v. EVANS PRODUCTS COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1984.

Attorney(s) appearing for the Case

Barry Slevin, Robert DeAraujo, Seifman, Semo & Slevin, Washington, D.C., for plaintiffs-appellants.

Sherman V. Lohn, Garlington, Lohn & Robinson, Missoula, Mont., Michael Ossip, Steven Spencer, Morgan, Lewis & Bockius, William J. Taylor, Taylor & Taylor, Philadelphia, Pa., for defendants-appellees.

Before ANDERSON, FLETCHER, and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

In 1965, the Van-Evan Company adopted the Van-Evan Hourly Rated Employees Retirement Income Plan. Van-Evan, but not the employees, contributed to the plan's trust fund to provide pension benefits to employees. The plan was amended in 1969.

In 1970, Local 198 of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers became the exclusive bargaining representative for all of Van-Evan's hourly employees. Plaintiffs were union...

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