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BANKAMERICA PENSION PLAN v. McMATH

No. 98-16543.

206 F.3d 821 (2000)

BANKAMERICA PENSION PLAN, an employee benefit plan; BankAmerica 401(K) Investment Plan, an Employee Benefit Plan, Plaintiffs, v. Alexander S. McMATH, an individual, Defendant-Appellee, v. Alva M. Montgomery, an individual; Patsy Patterson, an individual; and The Estate of Clarence C. Montgomery, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2000

Attorney(s) appearing for the Case

Douglas A. Applegate, Seiler Epstein & Applegate, San Francisco, California, for the defendants-appellants.

John F. Henning, San Francisco, California, for the defendant-appellee.

Before: SNEED, PREGERSON, and W. FLETCHER, Circuit Judges.

Opinion by Judge Sneed; Concurrence by Judge Sneed.

SNEED, Circuit Judge:

This case arises from an interpleader action brought by the BankAmerica 401(k) Plan ("401(k) Plan") and the BankAmerica Pension Plan ("Pension Plan," collectively, the "Plans") to resolve the proper beneficiaries of the benefits under the Plans. Defendants in the interpleader action, Alva M. Montgomery and Patsy Patterson (collectively, "Appellants"), appeal the summary judgment of the...

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