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BARBOZA v. CALIFORNIA ASS'N OF PROF'L FIREFIGHTERS

Nos. 11-15472, 11-16024, 11-16081, 11-16082.

782 F.3d 1072 (2015)

David BARBOZA, Plaintiff-Appellant, v. CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellees. David Barboza, Plaintiff-Appellant, v. California Association Of Professional Firefighters, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellees. David Barboza, Plaintiff-Appellee, v. California Association Of Professional Firefighters, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellants. David Barboza, Plaintiff-Appellee, v. California Association of Professional Firefighters, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

April 7, 2015.

Attorney(s) appearing for the Case

Geoffrey V. White (argued), Law Office of Geoffrey V. White, San Francisco, CA, for Plaintiff-Appellant/Cross-Appellee.

Brendan J. Begley (argued) and Louis A. Gonzalez, Jr., Weintraub Tobin Chediak Coleman Grodin, Sacramento, CA, for Defendants-Appellees/Cross-Appellants.

Marcia E. Bove (argued), Senior Trial Attorney; M. Patricia Smith, Solicitor of Labor; Timothy D. Hauser, Associate Solicitor, Plan Benefits Security Division; Elizabeth Hopkins, Counsel for Appellate and Special Litigation; and Alex Felstiner, Attorney, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Amicus Curiae Thomas Perez, Secretary of Labor.

Before: JOHN T. NOONAN and SANDRA S. IKUTA, Circuit Judges and WILLIAM H. ALBRITTON III, Senior District Judge.

OPINION

This appeal requires us to interpret three different provisions of the Employee Retirement Income Security Act of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a) that "all assets of an employee benefit plan shall be held in trust by one or more trustees," sometimes called the "hold in trust"...

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