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WONG v. BACON

Nos. C-75-2481-CBR and 75-2740-CBR.

445 F.Supp. 1177 (1977)

John K. WONG and Johnnie B. Lee, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. John W. BACON, A. E. Lafayette, Louis Ottone, Jr., David R. Cox, William W. Ward, Jr., A. L. Diamond, Roy Mack, Everett Matzen, Roy Benner, Edwin Laboure, and James Whiting, Trustees of the California Butchers Pension Trust Fund, Defendants. John K. WONG and Johnnie B. Lee, Plaintiffs, v. John W. BACON, A. E. Lafayette, Louis Ottone, Jr., Lawrence A. Peifer, William W. Ward, Jr., A. L. Diamond, Fred L. Feci, Roy Mack, Everett Matzen, Roy Benner, Edwin Laboure, and James Whiting, Trustees of the California Butchers' Pension Trust Fund, Defendants.

United States District Court, N. D. California.

December 27, 1977.

Attorney(s) appearing for the Case

Hon Chew, John H. Wallace, Oakland, Cal., for plaintiffs.

Charles P. Scully, Donald C. Carroll, Stephen G. Schrey, McLaughlin & Irvin, William B. Irvin, Patrick W. Jordan, San Francisco, Cal., for defendants.

MEMORANDUM OF OPINION

RENFREW, District Judge.

These related lawsuits involve the right to restitution of various employers who made contributions to the California Butchers' Pension Trust Fund ("Fund") on behalf of individuals who were in fact ineligible to receive benefits from the Fund but whom the employers believed were eligible.

I. Factual and Procedural Background

The Fund, whose trustees are defendants in these lawsuits,...

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