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OWENS v. AUTOMOTIVE MACHINISTS PENSION TRUST

No. 07-35253.

551 F.3d 1138 (2009)

Norma B. OWENS, Plaintiff-Appellee, v. AUTOMOTIVE MACHINISTS PENSION TRUST, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2009.

Attorney(s) appearing for the Case

Bruce McKenzie, McKenzie, Rothwell, Barlow, & Korpi, P.S., Seattle, WA, for defendant/appellant Automotive Machinists Pension Trust.

Les M. Coughran, McKenzie, Rothwell, Barlow, & Korpi, P.S., Seattle, WA, for defendant/appellant Automotive Machinists Pension Trust.

Harry M. Reichenberg, Law Office of Harry M. Reichenberg, Federal Way, WA, for plaintiff/appellee Norma Owens.

Jonathan P. Meier; Sirianni Youtz Meier & Spoonemore, Seattle, WA; Molly Lawrence, Northwest Women's Law Center, Seattle, WA, for Amicus Curiae.

Opinion by Judge PREGERSON, Dissent by Judge NOONAN.

PREGERSON, Circuit Judge:

I. Introduction

For more than thirty years, Norma Owens ("Norma") and Phillip R. Owens, Sr. ("Phillip") maintained a "quasi-marital" relationship in the state of Washington. In 2004, Norma and Phillip separated. On August 19, 2005, the Superior Court of King County, Washington, issued a state court order ("Order") awarding Norma a fifty-percent interest in the pension benefits being paid to Phillip by Automotive Machinist Pension...

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