Owens v. Automotive MacHinist

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NORMA B. OWENS,  Plaintiff-Appellee, No. 07-35253 v.  D.C. No. CV-06-00943-TSZ AUTOMOTIVE MACHINISTS PENSION TRUST, OPINION Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding Argued and Submitted August 6, 2008—Seattle, Washington Filed January 12, 2009 Before: Harry Pregerson, William C. Canby, Jr. and John T. Noonan, Circuit Judges. Opinion by Judge Pregerson Dissent by Judge Noonan 243 246 OWENS v. AUTOMOTIVE MACHINISTS…