BANUELOS v. CONSTRUCTION LABORERS' TRUST FUNDS

No. 02-57096.

382 F.3d 897 (2004)

Eijinio BANUELOS, Plaintiff-Appellant, v. CONSTRUCTION LABORERS' TRUST FUNDS FOR SOUTHERN CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2004.


Attorney(s) appearing for the Case

Richard A. Weinstock, Ventura, CA, for the appellant.

Charles E. Noneman, Los Angeles, CA, for the appellee.

Before B. FLETCHER, PREGERSON, and BRUNETTI, Circuit Judges.


BRUNETTI, Circuit Judge:

Eijinio Banuelos ("Banuelos") filed the underlying complaint against the Construction Laborers' Pension Trust for Southern California ("the Trust"), seeking to establish his right to receive a pension. The district court denied the parties' cross-motions for summary judgment, relying on evidence that was not part of the administrative record to conclude that there was a genuine issue of material fact as to whether the Trust had adopted five...

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