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RHOTON v. CENTRAL STATES, SOUTHEAST & SOUTHWEST

No. 82-5245.

717 F.2d 988 (1983)

Bertie Mae RHOTON, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 22, 1983.

Attorney(s) appearing for the Case

John S. McLellan, argued, Kingsport, Tenn., for plaintiff-appellant.

Cecil D. Branstetter [Lead Counsel], R. Jan Jennings, Timothy Costello, argued, Nashville, Tenn., for defendant-appellee.

Before KENNEDY and WELLFORD, Circuit Judges, and COHN, District Judge.

WELLFORD, Circuit Judge.

Plaintiff-appellant appeals the decision of the United States District Court for the Eastern District of Tennessee denying her relief in an action for survivor's benefits against the defendant-appellee Pension Fund. Jurisdiction is founded upon the Employee Retirement and Income Security Act (ERISA), 29 USC § 1132(a)(1)(B).

At issue is whether the denial of the benefits sought was arbitrary, capricious, or in bad faith. Van...

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