JOHNSON v. TRUSTEES OF W. CONF. OF TEAMSTERS P.T.

Nos. 87-4347, 87-4355.

879 F.2d 651 (1989)

Warren JOHNSON, Plaintiff-Appellant, v. The TRUSTEES OF the WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendants-Appellees. Thomas E. FARTHING, Plaintiff-Appellant, v. The TRUSTEES OF the WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1989.


Attorney(s) appearing for the Case

Hank McCurdy, Dobbins & McCurdy, Portland, Or., for plaintiff-appellant Warren Johnson.

Bob Whittaker, Lodi, Cal., for plaintiff-appellant Thomas E. Farthing.

Richard R. Carney and Stephen H. Buckley, Carney, Buckley, Kasameyer & Hays, Portland, Or., for defendants-appellees.

Before SCHROEDER, POOLE and NELSON, Circuit Judges.


SCHROEDER, Circuit Judge:

This appeal arises from a claim for refund of payments made on behalf of employees to an ERISA pension trust fund. The plaintiffs below were twenty-two owner/operator truck drivers who drove for Interstate Distributor, Inc. (Interstate). Between 1977 and September 1984, Interstate paid contributions into the Western Conference of Teamsters Pension Trust Fund (Fund) on plaintiffs' behalf. Article 14 of the Trust Fund Agreement provided during...

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