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BERRY v. CIBA-GEIGY CORP.

No. 84-1473.

761 F.2d 1003 (1985)

Hebra A. BERRY, Appellee, v. CIBA-GEIGY CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1985.

Attorney(s) appearing for the Case

Edward C. Jepson, Jr., Chicago, Ill. (Charles B. Wolf, Chicago, Ill., David W. Robinson, II, John S. Taylor, Jr., Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, P.A., Columbia, S.C., Vedder, Price, Kaufman & Kammholz, Chicago, Ill., on brief), for appellant.

Frederick I Hall, III, Lexington, S.C. (John K. Koon, P.A., Columbia, S.C., on brief), for appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

Appellant Ciba-Geigy Corporation was ordered by the district court to restore appellee Hebra A. Berry to its long-term disability rolls and pay back benefits after a jury found the company's behavior in terminating his benefits to be "arbitrary or capricious or in bad faith." Because the arbitrariness of the trustee's decision is not properly a jury question and because the trial court improperly admitted evidence not before the plan administrator...

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