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WHIPP v. SEAFARERS VACATION PLAN

No. 86-3576.

832 F.2d 853 (1987)

Clifford D. WHIPP, Plaintiff-Appellee, v. SEAFARERS VACATION PLAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 6, 1987.

Attorney(s) appearing for the Case

Harriet Ellen Cooperman (Kaplan, Heyman, Greenberg, Engelman & Belgrad, Baltimore, Md., Leslie Tarantola, on brief), for defendant-appellant.

David Emanuel Pierson (W. Michel Pierson, Baltimore, Md., on brief), for plaintiff-appellee.

Before WIDENER and HALL, Circuit Judges, and SPENCER, District Judge, United States District Court for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

The Seafarers Vacation Plan appeals from a judgment in favor of plaintiff, Clifford D. Whipp, 632 F.Supp. 1487. The Plan contends that the district court erred in holding that the Plan's denial of Whipp's application for vacation benefits was arbitrary and capricious. We agree with the Plan and reverse.

The Plan is a multi-employer labor management trust fund which provides vacation benefits for...

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