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BURDITT v. WESTERN GROWERS PENSION PLAN

No. 86-6170.

818 F.2d 698 (1987)

Norman BURDITT, Matthew Haworth, George Betancourt, Billy Joe Brannan, Jesse Brito, Dolphus Smith, Vernon Engel, Raymond Stewart, Linzie Hallum, and Paul Garibay, Plaintiffs-Appellees, v. WESTERN GROWERS PENSION PLAN, and Western Growers Pension Trust Fund, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Thomas Tosdal, San Diego, Cal., for plaintiffs-appellees.

Harold H. Brown, Roy G. Weatherup, Thomas N. Charchut, and Amor A. Esteban, Santa Monica, Cal., for defendants-appellants.

Before PREGERSON, NELSON and WIGGINS, Circuit Judges.

PER CURIAM:

We affirm the judgment for the appellees in this ERISA action for the reasons stated in the well-written opinion of the distinguished District Court Judge A. Andrew Hauk. Burditt v. Western Growers Pension Plan, 636 F.Supp. 1491 (C.D.Cal.1986). We award the appellees their attorney's fees as prevailing ERISA plan participants or beneficiaries. McConnell v. MEBA Medical & Benefits Plan,

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