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MICHAEL v. RIVERSIDE CEMENT CO. PENSION PLAN

No. 99-55519.

266 F.3d 1023 (2001)

Carl MICHAEL, an individual, Plaintiff-Appellant, v. RIVERSIDE CEMENT COMPANY PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2001.

Attorney(s) appearing for the Case

Joseph Ribakoff, Long Beach, California, for the plaintiff-appellant.

Thomas N. Charchut, Haight, Brown & Bonesteel, L.L.P., Santa Monica, California; Karen K. Suhre, Hughes & Luce, L.L.P., Dallas, Texas, for the defendant-appellee.

Before: William C. CANBY, Jr., M. Margaret McKEOWN, and Richard A. PAEZ, Circuit Judges.

Argued and Submitted November 15, 2000 — Pasadena, California.

Opinion by Judge CANBY; Dissent by Judge PAEZ.

OPINION

CANBY, Circuit Judge:

Carl Michael ("Michael") appeals from the district court's grant of summary judgment in favor of defendant Riverside Cement Company Pension Plan in this action brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a). Michael contends that his early retirement...

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