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BROWN v. SOUTHERN CALIFORNIA IBEW-NECA TRUST FUNDS

No. 08-55398.

588 F.3d 1000 (2009)

James BROWN, an individual, Plaintiff-Appellee, v. SOUTHERN CALIFORNIA IBEW-NECA TRUST FUNDS, an unincorporated association, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2009.

Attorney(s) appearing for the Case

Donald C. Carroll, Charles P. Scully, II, Law Offices of Carroll & Scully, Inc., San Francisco, CA, for the defendant-appellant.

John R. St. John, St. John, Wallace, Brennan & Folan LLP, for the plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, Circuit Judge, and RICHARD MILLS, District Judge.

PREGERSON, Circuit Judge:

We must decide whether the Board of Trustees of the Southern California International Brotherhood of Electrical Workers-National Electrical Contractors Association (IBEW-NECA) Pension Plan violated ERISA when it suspended James Brown's early retirement benefits. The Board of Trustees determined that Brown's job installing heating, ventilation, and air conditioning (HVAC) equipment for an electrical...

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