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SHAVER v. OPERATING ENG. LOCAL 428 PEN. TRUST FUND

No. 01-16922.

332 F.3d 1198 (2003)

William SHAVER; William Dereschuk, Plaintiffs-Appellants, v. OPERATING ENGINEERS LOCAL 428 PENSION TRUST FUND, a trust; Raymond Frank CISNE; David Martin; Merle Langfeldt; Thomas Royden; Robert J. Johnston; Dennis Teel, in their capacity as Trustees thereof; and David Wick, in his capacity as Administrator thereof, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2003.

Attorney(s) appearing for the Case

Francis G. Fanning, Tempe, AZ, for the plaintiffs-appellants.

Keith F. Overholt, David B. Earl, Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for the defendants-appellees.

Before: BETTY B. FLETCHER, RICHARD S. ARNOLD, and JOHNNIE B. RAWLINSON, Circuit Judges.

Opinion by Judge RICHARD S. ARNOLD; Dissent by Judge RAWLINSON.

OPINION

RICHARD S. ARNOLD, Circuit Judge:

The Operating Engineers Union, Local 428, has an ERISA pension fund for its members' benefit. The plaintiffs, William Shaver and William Dereschuk, a participant and beneficiary of the plan, respectively, had concerns about the management of the fund. Eventually, they filed a two-count complaint against the trustees and administrator of the ERISA...

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