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LEE v. CALIFORNIA BUTCHERS' PENSION TRUST FUND

Nos. 96-16408, 96-16562 and 97-15272.

154 F.3d 1075 (1998)

Frank LEE, Plaintiff-Appellee, Equal Employment Opportunity Commission, Plaintiff-Intervenor-Appellee, v. CALIFORNIA BUTCHERS' PENSION TRUST FUND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1998.

Attorney(s) appearing for the Case

Michael Nelson (argued), Victor J. Van Bourg (briefed and argued), Van Bourg, Weinburg, Roger & Rosenfeld, Oakland, California, for the defendant-appellant.

Daniel Feinberg (argued), Janet E. Brown (briefed), Sigman, Lewis & Feinberg, Oakland, California, for the plaintiff-appellee.

Paul D. Ramshaw, U.S. Equal Employment Opportunity Commission, Washington, D.C., for the plaintiff-intervenor-appellee.

Before: WIGGINS and KLEINFELD, Circuit Judges, and WILSON, District Judge.

KLEINFELD, Circuit Judge.

This case involves whether a pension fund violated ERISA or the Age Discrimination in Employment Act by underpaying a pension. We affirm the district court decision that it did.

Facts.

Mr. Lee worked at Safeway as a butcher for 30 years. He retired in 1992 at age 73. His pension was accumulated and paid by the California Butchers' Pension Trust Fund set up by several employers...

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