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LEHMAN v. NELSON

No. 18-35321.

943 F.3d 891 (2019)

Richard LEHMAN, on behalf of himself and others similarly situated; Michael Puterbaugh, Plaintiffs-Appellees, v. Warner NELSON; William Beck, Jr.; Brian Bish; Klaas A. Deboer; Michael G. Marsh; Rocky Sharp; Richard Bamberger; Dennis Callies; Clif Davis; Tim Donovan; Harry Thompson; Clint Bryson; Michael Church; Michael Doyle; Greg Elder; Glen Franz; Gary Gonzales; Carl D. Hanson; Patrick Powell; Gary Price; Scott Stephens; Roger Tobin; Grant Zadow, in their capacity as Trustees of the IBEW Pacific Coast Pension Plan; Gary Younghans, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2019.

Attorney(s) appearing for the Case

Nathan R. Ring (argued) and Michael A. Urban , The Urban Law Firm, Las Vegas, Nevada, for Defendants-Appellants.

Richard J. Birmingham (argued), Joseph P. Hoag , and Christine Hawkins , Davis Wright Tremaine LLP, Seattle, Washington, for Plaintiffs-Appellees.

David Potts-Dupre and Jennifer Bush Hawkins , Potts-Dupre Hawkins & Kramer Chtd., Washington, D.C., for Amicus Curiae Reciprocal Administrator of the Electrical Industry Pension Reciprocal Agreement.

Karl A. Schmidt , Richard A. Clark , Brenton F. Goodrich , and Rudolph G. Klapper , Parker Milliken Clark O'Hara & Samuelian APC, Los Angeles, California, for Amicus Curiae Trustees of the Southern California IBEW-NECA Pension Trust Fund.

Before: Andrew J. Kleinfeld and Michelle T. Friedland, Circuit Judges, and David A. Ezra, District Judge.

ORDER

The request to publish our disposition is GRANTED. The memorandum disposition filed June 12, 2019 is withdrawn and an authored opinion by Judge Ezra is filed concurrently with this order.

Pursuant to Circuit Rule 40-2, by granting the request for publication, we have extended the time to file a petition for rehearing to 14 days after the issuance of this order and, because the mandate has...

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