GROSSMULLER v. INTERN. UNION, UNITED AUTO., AERO.

No. 82-1635.

715 F.2d 853 (1983)

GROSSMULLER, Raymond v. INTERNATIONAL UNION, UNITED AUTOMOBILE AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, LOCAL 813 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America UAW, and the Budd Co., the Budd Company Consolidated. Appeal of the BUDD COMPANY CONSOLIDATED RETIREMENT BENEFIT PLAN FOR EMPLOYEES.

United States Court of Appeals, Third Circuit.

Decided September 2, 1983.


Attorney(s) appearing for the Case

Carter R. Buller (argued), Robert M. Goldich, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellant.

Stephen G. Pollock (argued), Stack & Gallagher, P.C., Philadelphia, Pa., for appellee Grossmuller.

Before SEITZ, Chief Judge, and SLOVITER and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This appeal from a district court order restoring plaintiff's entitlement to disability benefits under his former employer's pension plan requires consideration of three issues. First, did the pension plan's claims procedure comply with the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1133 (ERISA)? Second, was it an abuse of discretion...

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