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TAFOYA v. WESTERN CONFERENCE OF TEAMSTERS

No. 89-55480.

909 F.2d 344 (1990)

Angelo E. TAFOYA, Plaintiff-Appellee, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1990.

Attorney(s) appearing for the Case

William F. Highberger, Gibson, Dunn & Crutcher, Joseph J. Bader, Los Angeles, Cal., for defendant-appellant.

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

Before HUG, BEEZER and NOONAN, Circuit Judges.

BEEZER, Circuit Judge:

The Western Conference of Teamsters Pension Trust Fund (the "Fund") appeals a grant of summary judgment in favor of Tafoya, directing the fund to grant Tafoya's request for pension benefits if it determines that his break in service was involuntary. We reverse.

I

Tafoya worked as a Teamster from 1955 to 1963. In 1963, he suffered a back injury. He was totally disabled from 1963 through 1965. In 1965, he was again able to work...

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