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GABRIELSON v. MONTGOMERY WARD & CO.

No. 84-2644.

785 F.2d 762 (1986)

Margaret A. GABRIELSON, Plaintiff/Appellant, and Michael A. Gabrielson, Corey L. Gabrielson, et al., Plaintiffs, v. MONTGOMERY WARD & COMPANY, an Illinois corporation; Montgomery Ward Retirement Security Plan Trust, Does II Thru XXX, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted November 8, 1985.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Mark Himelstein, Himelstein, Savinar, Petrocelli & Curtice, San Francisco, Cal., for plaintiff/appellant.

Gail Y. Norton, Walter C. Kohn, Roper, Majeski, Kohn, Bentley & Wagner, Redwood City, Cal., for defendants/appellees.

Before CHAMBERS, TANG and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The widow of an employee of Montgomery Ward & Co. who was discharged before his retirement plan matured appeals the summary judgment entered against her claim for benefits under the retirement plan. She also appeals the district court's denial of her motion to amend her complaint and add Ward's Comprehensive Health Care Plan Trust as defendant. We hold that neither the employee nor his widow was entitled to benefits under the retirement...

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