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UNITED ASS'N LOCAL 38 v. AETNA CAS. & SUR. CO.

No. 84-2667.

790 F.2d 1428 (1986)

UNITED ASSOCIATION LOCAL 38 PENSION TRUST FUND, et al., Plaintiffs-Appellants, v. AETNA CASUALTY & SURETY CO., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1986.

Attorney(s) appearing for the Case

Joseph Alioto, San Francisco, Cal., for plaintiffs-appellants.

Sedgwick, Detert, Moran & Arnold, Cynthia H. Plevin, San Francisco, Cal., Donald Farbstein, Farbstein & Brown, San Mateo, Cal., for defendants-appellees.

Before NORRIS and REINHARDT, Circuit Judges and GILLIAM, District Judge.

GILLIAM, District Judge:

This action arises from defendants' refusal to defend and indemnify plaintiffs under an ERISA liability insurance policy in connection with an action by the Department of Labor charging plaintiffs with violations of ERISA.

I. FACTS

Plaintiffs are trustees of the employees' benefit trust funds of the United Association Local 38 (hereinafter Local 38), a union of plumbers and pipefitters...

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