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NORTON v. I. A. M. NAT. PENSION FUND

No. 76-1269.

553 F.2d 1352 (1977)

Grover H. NORTON and Yellow Freight System, Inc., Appellants, v. I. A. M. NATIONAL PENSION FUND.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 1977.

Attorney(s) appearing for the Case

John V. Long, Washington, D. C., with whom Alfred Lawrence Toombs, Washington, D. C., was on the brief, for appellants.

Denis F. Gordon, Washington, D. C., with whom Mozart G. Ratner, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge and McGOWAN and MacKINNON, Circuit Judges.

Opinion for the court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

The issue in this appeal from the District Court is whether the I.A.M. National Pension Fund acted in an arbitrary and capricious manner in denying appellant Norton's application for pension benefits. Norton and his employer, Yellow Freight System, Inc., brought suit in the District Court to compel payment of the pension. On cross-motions for summary judgment, the District Court...

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