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WITMEYER v. KILROY

No. 85-1917.

788 F.2d 1021 (1986)

J.J. WITMEYER, Jr., Appellant, v. Richard I. KILROY, Donald A. Bobo, Frank T. Lynch, E.J. Neal, and Richard C. Smith, Individually and as Trustees of the Railway Clerks Staff Retirement Fund, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1986.

Attorney(s) appearing for the Case

John J. Witmeyer, III (Ford, Marrin, Esposito & Witmeyer, Martin S. Protas, Protas, Kay, Spivok & Protas, on brief), for appellant.

Raymond J. Sweeney (Guerrieri & Sweeney, P.C., Irving Schwartzman, Savage & Schwartzman, on brief), for appellees.

Before SPROUSE, CHAPMAN and WILKINSON, Circuit Judges.

SPROUSE, Circuit Judge:

J.J. Witmeyer, Jr., a former employee of the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees (BRAC), appeals from a decision of the district court in favor of the defendants, trustees of the Railway Clerks Staff Retirement Plan (the Plan). Witmeyer involuntarily retired from BRAC in 1983, but receives a pension from the Plan. In July 1984, he filed this action against Richard I. Kilroy,...

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