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MEAGHER v. IAM PENSION PLAN

No. 87-2312.

856 F.2d 1418 (1988)

Frank MEAGHER, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS PENSION PLAN; William Winpisinger, Eugene Glover; and George Kourpias, as fiduciaries and trustees of the International Association of Machinists and Aerospace Workers Pension Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1988.

Attorney(s) appearing for the Case

Marc H. Greenberg, Law Offices of Marc H. Greenberg, San Francisco, Cal., for plaintiff-appellant.

Thomas J. Hart, Thomas Hart & Associates, Washington, D.C., and Richard P. Donaldson, Donaldson & Associates, Seattle, Wash., for defendants-appellees.

Before SNEED, HUG and KOZINSKI, Circuit Judges.

HUG, Circuit Judge:

Plaintiff Frank Meagher appeals from the district court's award of summary judgment in favor of the International Association of Machinists and Aerospace Workers Pension Plan ("the Plan") and the Plan's trustees. The district court held that Meagher's action was barred by the applicable statute of limitations under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1113 (1982). We reverse the district court's judgment.

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