Rizzuto v. Western Conference Of Teamsters Pension Trust

573 F.2d 552 96 L.R.R.M. (BNA) 2645 , 82 Lab.Cas. P 10,153 Louis RIZZUTO, Plaintiff-Appellant, v. WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST, Teamsters, Chauffeurs, Helpers and Delivery Driver Union Local No. 690, and George Cavano, Trustee, Defendants-Appellees. No. 76-2699. United States Court of Appeals, Ninth Circuit. Sept. 7, 1977. Rehearing Denied Jan. 5, 1978. John F. Bury, Michael J. Hemovich, argued, Bantz, Hemovich, & Nappi, Spokane, Wash., for appellants. Patrick H. Murphy, Spokane, Wash., Thomas K. Cassidy, argued, Hafer, Cassidy & Price, Seattle, Wash., for appellees. On Appeal from the United States District Court for the Eastern District of Washington. Before CHAMBERS and MERRILL, Circuit Judges, and HOFFMAN, * District Judge. MERRILL, Circuit Judge: 1 By this action appellant, Rizzuto, charges appellee union with wrongfully terminating his membership in the union and thereby depriving him of his right to continue to contribute to and share in the union's pension fund. He seeks a declaration that he is entitled to share in the fund. 2 In the action below the union moved for summary judgment, asserting as one ground that Rizzuto had not exhausted his…