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EDDINGTON v. CMTA-INDEPENDENT TOOL & DIE CRAFTSMEN

No. 85-2106.

794 F.2d 1383 (1986)

Esther EDDINGTON, wife and next friend for Edgar Earl EDDINGTON, Plaintiff-Appellant, v. CMTA — INDEPENDENT TOOL AND DIE CRAFTSMEN PENSION TRUST; Board of Trustees of the CMTA — Independent Tool and Die Craftsmen Pension Trust; Trustees, Thomas Dillon, Lane Farrington, Phillip Weir, Norville Frasca, Harry Greerlof, individually and in their official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1986.

Attorney(s) appearing for the Case

Harriet Prensky, Redwood City, Cal., for plaintiff-appellant.

Williams Hoefs, Ronals F. Garrity, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for defendants-appellees.

Before CHAMBERS, SNEED, and FARRIS, Circuit Judges.

SNEED, Circuit Judge:

Edgar Eddington's widow appeals the grant of summary judgment against her claim that the pension plan's break-in-employment rule, both as adopted and as applied, violated the Labor Management Relations Act. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

The facts of this case illustrate once more the sometimes harsh precision with which pension trusts operate. On September 1, 1961, a collective bargaining agreement between...

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