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CALAMIA v. SPIVEY

No. 80-3210 Summary Calendar

632 F.2d 1235 (1980)

John I. CALAMIA, Plaintiff-Appellant, v. Price SPIVEY, Administrator of Seafarers Welfare and Pension Plan, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

December 17, 1980.

Attorney(s) appearing for the Case

Walter F. Gemeinhardt, New Orleans, La., for plaintiff-appellant.

Dodd, Barker, Boudreaux, Lamy & Gardner, Louis L. Robein, Jr., New Orleans, La., for defendants-appellees.

Before AINSWORTH, GARZA and SAM D. JOHNSON, Circuit Judges.

AINSWORTH, Circuit Judge:

John I. Calamia appeals from the judgment of the district court dismissing his suit against the Seafarers Pension Plan. The suit was brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1101 et seq. Calamia claimed that the disability pension granted him by the Plan was improperly set at $250 per month rather than $350, and asked the court to declare his rights under the pension and to grant compensatory...

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