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SEAFARERS PENSION PLAN v. STURGIS

No. 79-1841.

630 F.2d 218 (1980)

SEAFARERS PENSION PLAN, Appellant, v. Claude M. STURGIS, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1980.

Attorney(s) appearing for the Case

C. Arthur Rutter, Jr., Norfolk, Va. (John H. Klein, Breit, Rutter & Montagna, Norfolk, Va., on brief), for appellant.

R. Arthur Jett, Norfolk, Va. (Jett, Agelasto, Berkley, Furr and Price, Norfolk, Va., on brief), for appellee.

Before BUTZNER, Circuit Judge, HARRY PHILLIPS, Senior United States Circuit Judge, Sixth Circuit, sitting by designation and SPROUSE, Circuit Judge.

HARRY PHILLIPS, Senior Circuit Judge.

The defendant-appellant Seafarers Pension Plan, through its Trustees, challenges the order of the district court awarding disability pension benefits to plaintiff-appellee Claude M. Sturgis. The district court based its order on the verdict of the jury that the Trustees' denial of benefits was arbitrary and capricious. The Trustees argue they were entitled to summary judgment or a directed verdict. We affirm.

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