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CHASE v. TRUSTEES OF W. CON. OF T. PENSION T.F.

CA No. 83-3769.

753 F.2d 744 (1985)

Robert S. CHASE and Ernest C. Rank, Plaintiffs-Appellants, v. The TRUSTEES OF the WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendants-Appellees. Donald R. ALLEN, et al., Plaintiffs-Appellants, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1985.

Attorney(s) appearing for the Case

Roger Tilbury, Portland, Or., Lon N. Bryant, Wilsonville, Or., for plaintiffs-appellants.

Robert Westberg, Dennis K. Bromley, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before SCHROEDER, FARRIS, and REINHARDT, Circuit Judges.

FARRIS, Circuit Judge:

Taxicab drivers from the Broadway Cab Cooperative, Inc. appeal from the district court's denial of their claim for a refund of contributions made to a pension fund. We reverse and remand to the district court to determine first, whether plaintiffs may pursue this action under ERISA, and then, if it decides they may, whether the equities favor restitution, and finally if so, the amount of contributions...

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