Roger Perkins Stephanie Perkins v. Valley Clerk Trust, Valley Clerks Health and Welfare Trust Fund
Opinion
Opinion
5 F.3d 538 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roger PERKINS; Stephanie Perkins, Plaintiffs-Appellants, v. VALLEY CLERK TRUST, Valley Clerks Health and Welfare Trust Fund, Defendant-Appellee. No. 92-15471. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1993. Decided Aug. 16, 1993. Appeal from the United States District Court for the Eastern District of California; Edward J. Garcia, District Judge, Presiding. E.D.Cal. AFFIRMED. Before: SNEED, POOLE and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellants Roger and Stephanie Perkins appeal the district court's grant of summary judgment in favor of the Valley Clerks Health and Welfare Trust Fund ("Trust Fund"). The Perkinses had filed a suit under the Employee Retirement and Income Security Act (ERISA), 29 U.S.C. Sec. 1001 et seq., disputing the Trust Fund's determination their son Joey was not entitled to death benefits at the time of his death in September 1986. At that time Joey was…