SMITH v. RETIREMENT FUND TRUST

No. 87-6513.

857 F.2d 587 (1988)

Sandra Jean SMITH, etc., Plaintiff-Appellee, v. RETIREMENT FUND TRUST OF the PLUMBING, HEATING AND PIPING INDUSTRY OF SOUTHERN CALIFORNIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1988.

As Amended October 28, 1988.


Attorney(s) appearing for the Case

Elizabeth R. Lishner, Pappy & Davis Law Corp., Los Angeles, Cal., for defendant-appellant.

Ronald Dean, Pacific Palisades, Cal., for plaintiff-appellee.

Before HUG, POOLE and THOMPSON, Circuit Judges.


POOLE, Circuit Judge:

OVERVIEW

The Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California (Trust) appeals from the district court's sua sponte grant of summary judgment in favor of Sandra Smith in an action to recover disability pension benefits due to her late husband Donald Smith and to her as a surviving spouse.1 The district court held that § 2(3) of the National Labor Relations...

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