Aitken v. Ip & Gcu-Employer Gcu-E

604 F.2d 1261 102 L.R.R.M. (BNA) 2608 , 87 Lab.Cas. P 11,589 Leslie D. AITKEN, Plaintiff-Appellant, v. IP & GCU-EMPLOYER RETIREMENT FUND, the Retirement Fund Committee of the IP& GCU-Employer Retirement Fund, Daniel Johnston and James Smock, Defendants-Appellees. No. 77-1437. United States Court of Appeals, Ninth Circuit. Sept. 27, 1979. Richard P. Donaldson, Donaldson & Kiel, P. S., Seattle, Wash., on brief, for plaintiff-appellant. Leslie D. Aitken, in pro per. Appeal from the United States District Court for the Northern District of California. Before MOORE, * SNEED, and KENNEDY, Circuit Judges. KENNEDY, Circuit Judge: 1 This action involves a claim by a labor union member for pension benefits and damages resulting from an alleged breach, by a pension fund and its administrators, of contract obligations, fiduciary duties, and other duties implied by the law of torts. The issue is whether the member is eligible to participate in the retirement plan, and if not, whether he can in any event recover damages from any of the defendants. Suit was commenced in state court, and the defendants removed it to the United States District Court for the Northern District of…