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EMPLOYEE TRUSTEES v. EMPLOYER TRUSTEES

No. 91-1116.

959 F.2d 176 (1992)

EMPLOYEE TRUSTEES OF the EIGHTH DISTRICT ELECTRICAL PENSION FUND, Petitioners-Appellees, v. EMPLOYER TRUSTEES OF the EIGHTH DISTRICT ELECTRICAL PENSION FUND, Respondents-Counter-Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 17, 1992.

Attorney(s) appearing for the Case

Walter C. Brauer, III (Ellen M. Kelman, with him on the brief), Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Denver, Colo., for petitioners-appellees.

Timothy J. Parsons (David B. Seserman, with him on the brief), Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colo., for respondents-counter-claimants-appellants.

Before BRORBY and McWILLIAMS, Circuit Judges, and ALLEY, District Judge.

BRORBY, Circuit Judge.

Defendants appeal the district court's grant of summary judgment holding the question of whether or not to establish an annuity plan in addition to a defined contribution plan should be submitted to an impartial umpire. Defendants claim the district court erred by determining the issue was an administrative decision of Pension Fund Trustees subject to resolution by an impartial umpire on deadlock.

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