Amos Tomlin v. Board of Trustees of the Construction Laborers Pension Trust for Southern California and the Construction Laborers Pension Trust for Southern California, Frank Streeter v. Board of Trustees of the Construction Laborers Pension Trust for Southern California and the Construction Laborers Pension Trust for Southern California

586 F.2d 148 99 L.R.R.M. (BNA) 3264 , 84 Lab.Cas. P 10,922 , 1 Employee Benefits Ca 1302 Amos TOMLIN, Appellant, v. BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA and the Construction Laborers Pension Trust for Southern California, Appellees. Frank STREETER, Appellant, v. BOARD OF TRUSTEES OF the CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA and the Construction Laborers Pension Trust for Southern California, Appellees. Nos. 77-2673, 77-3940. United States Court of Appeals, Ninth Circuit. Nov. 13, 1978. 1 Gill Deford (argued), Julius C. Wesson, Los Angeles, Cal., for appellant. 2 Kenneth J. Sackman (argued), Beverly Hills, Cal., James Wolf, Los Angeles, Cal., for appellees. 3 Appeals from the United States District Court for the Central District of California. 4 Before CARTER and KENNEDY, Circuit Judges, and KRAFT, District Judge. * KRAFT, District Judge: 5 In each of these cases, consolidated upon appeal, no genuine issue of material fact existed and appellants and appellees filed cross-motions for summary judgment. The single issue presented, therefore, is whether the court below incorrectly applied the substantive law in…