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MORA v. CONSTR. LAB. PENSION TRUST FOR SOUTHERN CA

No. 04-55594.

435 F.3d 1121 (2006)

Manuel MORA, on his own behalf and on behalf of all persons similarly situated, Plaintiff-Appellant, v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2006.

Attorney(s) appearing for the Case

Richard A. Weinstock and Andrew T. Koenig, Ventura, CA, for the plaintiff-appellant.

John S. Miller, Herbert J. Klein, and Dwayne P. McKenzie, Los Angeles, CA, for the defendant-appellee.

Donald J. Capuano, Washington, DC, for amicus curiae, National Coordinating Committee for Multiemployer Plans.

Before PREGERSON, NOONAN, and THOMAS, Circuit Judges.

Opinion by Judge NOONAN; Dissent by Judge PREGERSON.

NOONAN, Circuit Judge.

Manuel Mora and the class represented by him (collectively Mora) appeal the judgment of the district court denying credits for hours of service giving rise to additional pension benefits from the defendant, Construction Laborers Pension Trust for Southern California (the Pension Trust). Mora contends that contributions made to the Construction Laborers' Trust for Southern California...

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