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WASHINGTON v. BERT BELL/PETE ROZELLE NFL RETIREMENT PLAN

Nos. 05-16366, 05-16533, 05-16845.

504 F.3d 818 (2007)

Victor A. WASHINGTON, Plaintiff-Appellee, v. BERT BELL/PETE ROZELLE NFL PLAYER RETIREMENT PLAN; Retirement Board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan; NFL Player Supplemental Disability Plan; Disability Board of the NFL Player Supplemental Disability Plan, Defendants-Appellants. Victor A. Washington, Plaintiff-Appellant, v. Bert Bell/Pete Rozelle NFL Player Retirement Plan; Retirement Board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan; NFL Player Supplemental Disability Plan; Disability Board of the NFL Player Supplemental Disability Plan, Defendants-Appellees. Victor A. Washington, Plaintiff-Appellee, v. Bert Bell/Pete Rozelle NFL Player Retirement Plan; Retirement Board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan; NFL Player Supplemental Disability Plan; Disability Board of the NFL Player Supplemental Disability Plan, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2007.

Attorney(s) appearing for the Case

Edward A. Scallet, Groom Law Group, Washington, DC, for the appellants.

Susan Martin, Martin & Bonnett, Phoenix, AZ, for the appellee.

Before: PROCTER HUG, JR., PAMELA ANN RYMER, and RAYMOND C. FISHER, Circuit Judges.

Opinion by Judge RYMER; Partial Concurrence and Partial Dissent by Judge FISHER.

RYMER, Circuit Judge:

Victor A. Washington is a former player in the National Football League. He was a participant in the Bert Bell NFL Player Retirement Plan (the old Plan) until it was amended and merged with the Pete Rozelle NFL Player Retirement Plan on March 30, 1994 to become the Bert Bell/ Pete Rozelle NFL Player Retirement Plan (the new Plan). He is now a participant...

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