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COTTER v. E. CONF., OF TEAMSTERS RETIREMENT PLAN

Nos. 89-2950, 89-2960 and 89-2971.

898 F.2d 424 (1990)

John Joseph COTTER, Plaintiff-Appellee, v. EASTERN CONFERENCE OF TEAMSTERS RETIREMENT PLAN; Michael F. Miles, Administrator, Defendants-Appellants. John Joseph COTTER, Plaintiff-Appellant, v. EASTERN CONFERENCE OF TEAMSTERS RETIREMENT PLAN; Michael F. Miles, Administrator, Defendants-Appellees. John Joseph COTTER, Plaintiff-Appellee, v. EASTERN CONFERENCE OF TEAMSTERS RETIREMENT PLAN; Michael F. Miles, Administrator, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1990.

Order on Grant of Rehearing April 17, 1990.

Attorney(s) appearing for the Case

Patrick Joseph Szymanski (Robert M. Baptiste, Baptiste & Wilder, P.C., on brief), for defendants-appellants.

William James Bethune (Roy D. Snyder, Jr., Bierbower & Bierbower, on brief), for plaintiff-appellee.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and NORTHROP, Senior United States District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

Plaintiff John Joseph Cotter was an employee of the Eastern Conference of Teamsters ("Eastern Conference") for over twenty years. During that time he was a participant in defendant Eastern Conference of Teamsters Retirement Plan ("Plan"). Defendant Michael F. Miles was the Plan's Administrator. In August 1977 Cotter left the Eastern Conference to take a position with an entity related to the Eastern Conference, namely, the International Brotherhood...

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