JACOBS, Circuit Judge. Local 819 I.B.T. Pension Plan and its Board of Trustees (the “Trustees”) are defendants in a putative class action brought by plan participant Esther Smith, alleging that the plan has been non-compliant with the Employment Retirement Income Security Act of 1974 (“ERISA”) since 1976 (and non-compliant with state law as well), and that these deficiencies were uncorrected or insufficiently cured by a 1997 r…
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