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ABLAMIS v. ROPER

No. 89-15352.

937 F.2d 1450 (1991)

Duane ABLAMIS, Trustee of the RBJ Auto Parts Distributors, Inc. Profit Sharing Trust and the A & M Motor Supply, Inc. Profit Sharing Trust, Plaintiff-Appellee, v. Gay M. ROPER, Executor of the Estate of Glee Ann Ablamis, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Arthur H. Bredenbeck, Keith P. Bartel, Kevin F. Kouba, Carr, McClellan, Ingersoll, Thompson & Horn, Burlingame, Cal., Robert E. Temmerman, Jr., Campbell, Cal., for defendant-appellant.

Harry J. Kaplan, David K. Pansius, San Jose, Cal., for plaintiff-appellee.

Before LIVELY, FLETCHER and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

We are asked to decide here whether a wife who dies while her husband is still living may leave half his current or future pension benefits to a third party in her will. We hold that an employee whose pension interests are covered by ERISA may not be so divested of his entitlement.

In the case before us, Gay M. Roper, executrix of the estate of Glee Ann Ablamis (Executrix), appeals the decision of the district court granting summary...

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