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BOLTON v. CONSTRUCTION LABORERS' PENSION TRUST

No. 90-55654.

954 F.2d 1437 (1991)

Annie M. BOLTON, Plaintiff-Appellant, v. CONSTRUCTION LABORERS' PENSION TRUST FOR SOUTHERN CALIFORNIA; Louie Bravo; Donna Davidson; Roger Jaska; Robert Kruse; Armando Lopez; William Middleton, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1991.

As Amended on Denial of Rehearing and Rehearing January 24, 1992.

Attorney(s) appearing for the Case

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

John S. Miller, Jr., Cox, Castle & Nicholson, Los Angeles, Cal., for defendants-appellees.

Before FLETCHER, CANBY and BOOCHEVER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc January 24, 1992.

CANBY, Circuit Judge:

Annie Bolton (Bolton), widow of plan participant Levi Bolton, appeals from a summary judgment in favor of Construction Laborers' Pension Trust of Southern California (Plan). The Plan denied benefits to Bolton because Levi's pension rights had not fully vested at the time he suffered a break in service. Bolton contends that application of the break-in-service rule...

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