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HEARN v. WESTERN CONF. OF TEAMSTERS PENSION FUND

No. 93-55167.

68 F.3d 301 (1995)

Brenda HEARN, Plaintiff-Appellant, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1995.

Attorney(s) appearing for the Case

Lawrence D. Rohlfing, Santa Fe Springs, California, for plaintiff-appellant.

Walter R. Allan, Robert A. Gordon, Constance M. Hiatt, Pillsbury, Madison & Sutro, San Francisco, California, for defendant-appellee.

Before: D.W. NELSON, BEEZER and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

We must determine whether ERISA § 205(c)(6), 29 U.S.C. § 1055(c)(6), absolves a pension plan of all liability to a surviving widow after her deceased husband waived her right to benefits without obtaining her consent.

I

From 1961 to 1976 (and briefly in 1986), James Hearn's employer made contributions on his behalf to the Western Conference of Teamsters Pension Plan...

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