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SHAW v. INTERN. ASS'N OF M. & A. W. PENSION PLAN

Nos. 83-6443, 83-6458.

750 F.2d 1458 (1985)

Edward SHAW, individually and on behalf of all other persons similarly situated, Plaintiff/Appellee, Cross-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS PENSION PLAN; and Eugene Glover, William Winpinsinger and George Poulin as fiduciaries and trustees of the International Association of Machinists and Aerospace Workers Pension Plan, Defendants/Appellants, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1985.

Attorney(s) appearing for the Case

Ronald Dean, Pacific Palisades, Cal., for plaintiff, appellee, cross-appellant.

Richard P. Donaldson, Donaldson & Roberts, San Diego, Cal., for defendants, appellants, cross-appellee.

Before SNEED, ANDERSON and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

The International Association of Machinists and Aerospace Workers Pension Plan ("IAM") appeals from the district court's denial of its motion for summary judgment and its granting of plaintiff Shaw's motion for summary judgment. The IAM in this case is in the posture of employer; its pension plan benefited retired IAM officers, organizers and support staff. The IAM plan contained a "living pension" feature that tied the amount of payments...

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