Urrea v. Phelps Dodge Corp.

974 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Angel P. URREA, husband; Sylvia Urrea, wife, Plaintiffs-Appellees, v. PHELPS DODGE CORPORATION; Pension Plan for Day's-Pay Employees of Phelps Dodge Corporation, a defined benefit employee pension benefit plan, Defendants-Appellants. No. 91-16066. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 20, 1992. Decided Sept. 10, 1992. Before KOZINSKI and DAVID R. THOMPSON, Circuit Judges, and VON DER HEYDT, District Judge. * MEMORANDUM ** OVERVIEW Phelps Dodge Corporation and the Pension Plan for Day's-Pay Employees of Phelps Dodge Corporation, a defined benefit employee pension benefit plan ("the Plan"), 1 appeal the district court's judgment, following a bench trial, awarding Angel P. Urrea and Sylvia Urrea a single life disability pension, plus interest and attorney fees. We have jurisdiction under 28 U.S.C. § 1291 . Because we conclude Angel P. Urrea ("Urrea") is unambiguously excluded…