United States Ninth Circuit

In an ERISA action regarding the suspension of plaintiff's early retirement benefits, judgment for plaintiff is affirmed where defendant trustees conflated "electrical construction work" with "employment as an electrical contractor" under the benefits plan, thus running afoul of the court of appeals' holding that "each provision in an agreement should be construed consistently with the entire document such that no provision is rendered nugatory."

Appellate Information

• Argued 04/14/2009
• Decided 12/07/2009
• Published 12/07/2009

Judges

• PREGERSON, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, Circuit Judge, and RICHARD MILLS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Donald C. Carroll, Charles P. Scully, II, Law Offices of Carroll & Scully, Inc., San Francisco, CA, for the defendant-appellant., John R. St. John, St. John, Wallace, Brennan & Folan LLP, for the plaintiff-appellee.