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GOVONI v. BRICKLAYERS, MASONS & PLASTERERS

No. 83-1820.

732 F.2d 250 (1984)

George L. GOVONI, Plaintiff, Appellant, v. BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF AMERICA, LOCAL NO. 5 PENSION FUND and Plymouth-Home National Bank, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 24, 1984.

Attorney(s) appearing for the Case

James T. Grady, Boston, Mass., with whom Grady, Dumont & Dwyer, Boston, Mass., was on brief, for plaintiff, appellant.

Arthur J. Flamm, Boston, Mass., with whom Flamm & Birmingham, Boston, Mass., was on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, COFFIN and BREYER, Circuit Judges.

BREYER, Circuit Judge.

George Govoni, the appellant, has sued the Bricklayers, Masons and Plasterers International Union Local No. 5 Pension Fund in an effort to obtain a larger pension. The trustees of the Pension Fund pay him a reduced amount because they believe a "break" in his years of work in covered service deprives him of pension credit for years worked before the break. Govoni argues, however, that his "break" falls outside the pension plan's definition of...

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