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GUIDRY v. SHEET METAL WORKERS NAT. PENSION FUND

No. 86-2323.

856 F.2d 1457 (1988)

Curtis GUIDRY, Plaintiff-Appellant, v. SHEET METAL WORKERS NATIONAL PENSION FUND, and Edward J. Carlough, Robert T. Stringer, C.T. Roff, and Cavet Snyder, Trustees; Sheet Metal Workers' Local Unions and Councils Pension Plan and Edward J. Carlough, Cecil D. Clay, George J. Cuddihy, Urie E. Williams, Jr., and Richard J. Scott, Trustees, Defendants-Appellees, and Sheet Metal Workers International Association, Local No. 9, Intervenor-Appellee, and Sheet Metal Workers Local No. 9 Pension Fund, Rule 19 Party-Appellee.

United States Court of Appeals, Tenth Circuit.

August 24, 1988.

Attorney(s) appearing for the Case

Eldon Silverman, of Silverman and Gelman, P.C., Denver, Colo. (Michael P. Serruto with him on the briefs of Elrod, Katz, Preeo & Look, P.C., Denver, Colo.), for plaintiff-appellant.

Joseph M. Goldhammer of Brauer & Buescher, P.C. (Raymond J. Sweeney, Washington, D.C., with him on the brief), Denver, Colo., for defendants-appellees.

Before HOLLOWAY, Chief Judge, MOORE, Circuit Judge and RUSSELL, District Judge.

JOHN P. MOORE, Circuit Judge.

This is an appeal from the district court's order placing a constructive trust upon plaintiff's pension benefits, 641 F.Supp. 360 (1986). The trust was imposed to allow recovery of a judgment obtained by the Sheet Metal Workers' International Association, Local No. 9 (the Union), for money embezzled by Mr. Guidry from the pension fund. Plaintiff argues that the anti-alienation provision of ERISA ...

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