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ATKINSON v. SHEET METAL WORKERS' TRUST FUNDS

No. 87-5915.

833 F.2d 864 (1987)

Francis A. ATKINSON, Plaintiff-Appellant, v. SHEET METAL WORKERS' TRUST FUNDS OF SOUTHERN CALIFORNIA AND NEVADA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1987.

Attorney(s) appearing for the Case

Carroll A. McCortney, Covina, Cal., for plaintiff-appellant.

Kenneth J. Sackman, Los Angeles, Cal., for defendant-appellee.

Before ALARCON and NELSON, Circuit Judges, and ROSENBLATT, District Judge.

NELSON, Circuit Judge:

Francis Atkinson challenges the Sheet Metal Workers' Trust Funds' (Trust) decision to suspend his benefits because Atkinson worked as a heating and air-conditioning mechanic for a public school district in violation Article VIII, Section 7 of the Pension Plan (Plan), which precludes early retirees from both receiving pensions and "engagement as an employer or employee for compensation or profit in the...

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