Harrison v. Board of Trustees of Const. Laborers Pension Trust for Southern California

944 F.2d 908 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lee W. HARRISON, et al., Plaintiffs, v. BOARD OF TRUSTEES OF THE CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, California District Council of Laborers, Thomas Doubting Wankonit, Agriculture Worker, Defendants-Appellees, Flavio Rivas, Real-party-in-interest-Appellant. No. 90-55567. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1991. Decided Sept. 12, 1991. Before TANG, REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Flavio Rivas, the real party in interest, is an elderly, disabled man seeking to collect pension benefits under the terms of a consent judgment entered in connection with the underlying litigation. The consent decree provides that in order to receive a pension, an applicant must have "[c]eased working as a construction laborer no later than December 31, 1975." Mr. Rivas's permanent disability forced him to retire from construction labor in 1970, two…