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SOKOL v. BERNSTEIN

No. 85-6357.

803 F.2d 532 (1986)

Bernice SOKOL, Plaintiff-Appellee, v. Jacob L. BERNSTEIN, M.D., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1986.

Attorney(s) appearing for the Case

James E. Hornstein, Greenberg, Glusker, Fields, Claman & Machtinger, Los Angeles, Cal., for plaintiff-appellee.

Stuart R. Mandel, Beverly Hills, Cal., for defendant-appellant.

Before PREGERSON and HALL, Circuit Judges, and ORRICK, District Judge.

ORRICK, District Judge:

The chief question presented in this case is whether a beneficiary of a pension plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., can recover extra-contractual damages, such as damages for emotional distress, caused by the arbitrary and capricious acts of the trustee of the plan. We hold that such extra-contractual damages cannot be recovered, and hence we reverse and...

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