Venning White v. Distributors Association Warehousemen's Pension Trust Industrial Employees and Distributors Association

751 F.2d 1068 40 Fed.R.Serv.2d 1210 Venning WHITE, Plaintiff-Appellant, v. DISTRIBUTORS ASSOCIATION WAREHOUSEMEN'S PENSION TRUST; Industrial Employees and Distributors Association, Defendants-Appellees. No. 83-2610. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1984. Decided Jan. 15, 1985. Neal S. Dudovitz, Los Angeles, Cal., Jeffrey Lewis, Oakland, Cal., for plaintiff-appellant. David S. Foster, Gary S. Fergus, Brobeck, Phleger & Harrison, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before BROWNING, and SNEED, Circuit Judges, and STEPHENS * , District Judge. SNEED, Circuit Judge: 1 The plaintiff brought this suit against Distributors Association Warehousemen's Pension Trust (Pension Trust) and the Industrial Employees and Distributors Association (Association). He contends that the defendants violated fiduciary duties owed to him and that one of the pension eligibility rules they maintained violated the Employee Retirement Income Security Act's (ERISA's) prohibition of age discrimination. After discovery, the district court denied the plaintiff's motion for…