COLLINS v. PENSION AND INS. COMMITTEE

No. 95-56862.

144 F.3d 1279 (1998)

Martin R. COLLINS; Billy J. Jolly, International Union of Operating Engineers, Local # 12, AFL-CIO, Plaintiffs-Appellants, v. PENSION AND INSURANCE COMMITTEE OF THE SOUTHERN CALIFORNIA ROCK PRODUCTS AND READY MIXED CONCRETE ASSOCIATIONS; Southern California Rock Products and Ready Mixed Concrete Associations; Rod Hulet; David Ollis; Al Prevost; Claude Potter; Annette Rodriguez; Judy Harrison, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1998.


Attorney(s) appearing for the Case

Ralph M. Phillips and Michael S. Villeneuve, Young and Barsh, Encino, California, for plaintiffs-appellants.

Stuart H. Young, Jr., Hill, Farrer & Burrill, Los Angeles, California, for defendants-appellees.

Before: BROWNING, and SCHROEDER, Circuit Judges and RESTANI, Judge.


PER CURIAM.

Participants in a pension plan and their union sued the administrator of the plan, the Pension and Insurance Committee (the Administrator). Plaintiffs alleged the Administrator breached its fiduciary duties by failing to increase benefits and by accepting contributions from employers at a rate lower than that set by the plan documents. The district court granted summary judgment for the Administrator, and the plaintiffs appeal.

The plan provides...

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