Court of Appeals for the Ninth Circuit November 27, 1981, 79-3616 (America Hernandez v. Southern Nevada Culinary and Bartenders Pension Trust)

TASHIMA, District Judge:

This is an appeal from summary judgment granted in favor of defendant Southern Nevada Culinary and Bartenders Pension Trust (the “Trust”) after both parties had made cross-motions for summary judgment. The facts are not in dispute.

Appellant filed suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001

et seq.