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CANSECO v. CONSTRUCTION LABORERS PENSION TRUST

No. 95-55011.

93 F.3d 600 (1996)

Mario CANSECO; James Daniels; Manuel Delgado; Jessie Riley; Corse Whitehurst, Jr., individually and on behalf of all those similarly situated, Plaintiffs-Appellants, v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA; Board of Trustees of the Construction Laborers Pension Trust for Southern California, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Neal S. Dudovitz and Ruth M. Zacarias, San Fernando Valley Neighborhood Legal Services, Pacoima, California, Jeffrey Lewis, Sigman, Lewis & Feinberg, Oakland, California, for plaintiffs-appellants.

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

Before: GOODWIN and HAWKINS, Circuit Judges, and WARE, District Judge.

MICHAEL DALY HAWKINS, Circuit Judge:

Plaintiffs-appellants, a class of retired construction workers denied retroactive pension benefits ("Retirees"), appeal the district court's grant of summary judgment in favor of defendants-appellees, the Construction Laborers Pension Trust for Southern California ("the CLPT") and the CLPT's Board of Trustees ("Trustees"). After the Trustees refused to pay the Retirees retroactive retirement benefits based on their failure to apply...

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