Legal Opinion

Elser v. I. A. M. National Pension Fund

Court of Appeals for the Ninth Circuit

Decided August 20, 1982No. Nos. 80-6095, 81-5024PublishedCited by 34 opinions

1Opinion of the Court

JAMESON, Senior District Judge:

Defendant-appellant, I. A. M. National Pension Fund, has appealed from a judgment holding that the Fund’s cancellation provisions are arbitrary and capricious and that plaintiffs-appellees, Madge H. Elser and Margaret C. Thomas, and others similarly situated, were improperly denied pensions.

I. Factual Background

The Fund operates a multiemployer pension plan structured in accordance with the requirements of Section 302(c)(5) of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 186(c)(5), and as defined in Section 3(37) of the Employee Retirement Income…

2Cases cited19 opinions

  1. National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981
  2. Arroyo v. United StatesSupreme Court of the United States · 1959
  3. United Mine Workers of America Health & Retirement Funds v. RobinsonSupreme Court of the United States · 1982
  4. Fentron Industries, Inc. v. The National Shopmen Pension FundCourt of Appeals for the Ninth Circuit · 1982
  5. Lillian Yanks Rehmar v. Bernard L. SmithCourt of Appeals for the Ninth Circuit · 1977

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3Cited by34 opinions

  1. Bernice Sokol v. Jacob L. Bernstein, M.D.Court of Appeals for the Ninth Circuit · 1986
  2. Struble v. New Jersey Brewery Employees' Welfare Trust FundCourt of Appeals for the Third Circuit · 1984
  3. George Stewart v. National Shopmen Pension FundCourt of Appeals for the D.C. Circuit · 1984
  4. Horan v. Kaiser Steel Retirement PlanCourt of Appeals for the Ninth Circuit · 1991
  5. Therese Johnson and David Johnson, Her Husband v. District 2 Marine Engineers Beneficial Association--Associated Maritime Officers, Medical PlanCourt of Appeals for the Ninth Circuit · 1988

29 more not listed; retrieve them via the Exa API.

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