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McDANIEL v. NATIONAL SHOPMEN PENSION FUND

No. 88-3724.

889 F.2d 804 (1989)

Reuben McDANIEL; Joe P. Martin; Eileen Herrala; Joseph Guenther; Henry Moser, Plaintiffs-Appellees, v. The NATIONAL SHOPMEN PENSION FUND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1989.

As Amended November 17, 1989.

Attorney(s) appearing for the Case

Thomas J. Hart and Lena S. Zezulin, Thomas Hart & Associates, Washington, D.C., Richard H. Robblee, Hafer, Price, Rinehart & Schwerin, Seattle, Wash., for defendant-appellant.

Neal S. Dudovitz and Gill Deford, Nat. Senior Citizens Law Center, Los Angeles, Cal., Alfred H. Sigman and Jeffrey Lewis, Sigman & Lewis, Oakland, Cal., John E. Iverson and Thao Tiedt, Ryan, Swanson, Hendel & Cleveland, Seattle, Wash., for plaintiffs-appellees.

Before GOODWIN, Chief Judge, WRIGHT and NORRIS, Circuit Judges.

PER CURIAM:

Beginning in 1971, Fentron Industries, ("Fentron") made contributions on behalf of its employees to the National Shopmen Pension Fund ("the Fund"), a multiemployer pension plan,1 until it withdrew from the Fund in 1978. In 1982, the Fund's trustees voted to cancel certain pension credits previously earned by the Fentron employees, justifying the action on the ground that Fentron's departure left the Fund with $500,000 in unfunded...

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