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VOLIVA v. SEAFARERS PENSION PLAN

Nos. 88-1542, 88-1552.

858 F.2d 195 (1988)

James C. VOLIVA, Plaintiff-Appellant, v. SEAFARERS PENSION PLAN, Defendant-Appellee, and Seafarers International Union of North America; Joe Digiorgio, Trustee; Frank Drozak; Roman Galewicz; Paul Dempster; Steve Edney, Defendants. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1988.

Attorney(s) appearing for the Case

Mary G. Commander (Paul M. Lipkin, Goldblatt, Lipkin, Cohen, Anderson, Jenkins & Legum, P.C., Norfolk, Va., on brief), for plaintiff-appellant.

Karen Lindemann Acors, Norfolk, Va., for defendant-appellee.

Before WINTER, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

James C. Voliva first corresponded with the Seafarers' Pension Plan (Plan) in 1981 regarding his eligibility for a disability pension. The Plan responded by stating that Voliva lacked sufficient service time. During the next three years Voliva corresponded with the Plan regarding his service time and the eligibility of various periods for credit. The Plan calculated the days of service on four different occasions. The last calculation evidently...

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