Legal Opinion
Sandra Jean Smith, Etc. v. Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California
Court of Appeals for the Ninth Circuit
Decided October 28, 1988No. 87-6513PublishedCited by 33 opinions
1Opinion of the Court
POOLE, Circuit Judge:
OVERVIEW
The Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California (Trust) appeals from the district court’s sua sponte grant of summary judgment in favor of Sandra Smith in an action to recover disability pension benefits due to her late husband Donald Smith and to her as a surviving spouse. 1 The district court held that § 2(3) of the National Labor Relations Act, 29 U.S.C. § 152(3) (hereafter § 2(3)), did not bar Smith’s participation in the Trust during 1968-71, as the Trust claimed, and it ordered Smith’s pension credits…
2Cases cited12 opinions
- Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
- Amato v. BernardCourt of Appeals for the Ninth Circuit · 1980
- Harry Jung, Individually and on Behalf of All Other Persons Similarly Situated v. Fmc Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
- Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
- Thomas Menhorn v. Firestone Tire & Rubber Co.Court of Appeals for the Ninth Circuit · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Kim v. FujikawaCourt of Appeals for the Ninth Circuit · 1989
- Salvatore D'EmanuElE v. Montgomery Ward & Co., Inc., Long Term Disability Plan & Trust Montgomery Ward & Company, Inc.Court of Appeals for the Ninth Circuit · 1990
- Vaught v. Scottsdale Healthcare Corp. Health PlanCourt of Appeals for the Ninth Circuit · 2008
- 20 Employee Benefits Cas. 1710, 96 Cal. Daily Op. Serv. 6181, 96 Daily Journal D.A.R. 10,112, Pens. Plan Guide P 23924x Mario Canseco James Daniels Manuel Delgado Jessie Riley Corse Whitehurst, Jr., Individually and on Behalf of All Those Similarly Situated v. Construction Laborers Pension Trust for Southern California Board of Trustees of the Construction Laborers Pension Trust for Southern California, Individually and in Their Official CapacitiesCourt of Appeals for the Ninth Circuit · 1996
- Barker v. American Mobil Power Corp.Court of Appeals for the Ninth Circuit · 1995
28 more not listed; retrieve them via the Exa API.