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WALTER v. INTERN. ASS'N OF MACHINISTS PENSION FUND

No. 90-6037.

949 F.2d 310 (1991)

J.W. WALTER; John Allen; Robert Jones; Norah Walker, Jr.; Eugene Gilliland; Sylvester Grayson; Daniel Looney; Lealus Thomas; Lloyd Fortune; John Davenport; Alonzo Anderson; I.B. Boyd; L.V. Davis; Cleophus Frost; Carnell Gentry; Gerald Goad; Donald F. Kennedy; Norvell Lancaster, Plaintiffs-Appellants, v. INTERNATIONAL ASSOCIATION OF MACHINISTS PENSION FUND; Central States, Southeast and Southwest Health and Welfare and Pension Funds, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 12, 1991.

Attorney(s) appearing for the Case

E.W. Keller of Keller, Fernald & Keller, Oklahoma City, Okl., for plaintiffs-appellants.

William J. Nellis, Central States Southeast and Southwest Areas Pension Fund, Rosemont, Ill. (Ronald L. Ripley and James D. Thomas, Linn & Helms, with him on the brief), for defendant-appellee Central States, Southeast and Southwest Areas Pension Fund.

Denis F. Gordon, Gordon & Barnett, Washington D.C. (Anne S. McCulloch and Susan J. Bannell, Gordon & Barnett, Washington, D.C., and Robert T. Osgood and Joseph P. Martocci, with him on the brief), for defendant-appellee I.A.M. Nat. Pension Fund.

Before MOORE and EBEL, Circuit Judges, and BROWN, District Judge.

EBEL, Circuit Judge.

The primary issue we decide is whether a forfeiture clause contained in a multiemployer pension agreement violates the Employee Retirement Income Security Act of 1974 (ERISA)1 as amended by the Multiemployer Pension Plan Amendments Act of 1980.2 The forfeiture clause at issue provides that credit for years worked prior to the date the employer starts contributing to the plan on behalf of...

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