McDANIEL v. NATIONAL SHOPMEN PENSION FUND

No. 85-4207.

817 F.2d 1370 (1987)

Reuben McDANIEL, Joe P. Martin, Eileen Herrala, Joseph Guenther, Henry Moser, Plaintiffs-Appellees, v. The NATIONAL SHOPMEN PENSION FUND, A.S. Goodwin, Samuel Spadea, Dennis R. Tooney, Richard Smith, W.J. Muse, John Doe, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 21, 1987.


Attorney(s) appearing for the Case

Gill Deford, Los Angeles, Cal., for the plaintiffs-appellees.

Thomas J. Hart, Washington, D.C., for the defendants-appellants.

Before WALLACE, FLETCHER and BRUNETTI, Circuit Judges.


WALLACE, Circuit Judge:

The National Shopmen Pension Fund (the Fund) and its trustees appeal the district court's order granting summary judgment in favor of McDaniel and a class of beneficiaries of the Fund (McDaniel). The district court, which had jurisdiction pursuant to 29 U.S.C. § 1132(e)(1), held that the Fund's trustees unreasonably interpreted a provision of the National Shopmen Pension Plan (the Plan) to permit the trustees to reduce McDaniel's benefits...

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