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GAUER v. CONNORS

No. 90-1860.

953 F.2d 97 (1991)

Delbert T. GAUER, Plaintiff-Appellant, v. Joseph CONNORS, Sr.; Paul R. Dean; William A. Jordon; William Miller; Donald Pierce, Jr., Trustees of the United Mine Workers of America Health and Retirement Fund, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1991.

Attorney(s) appearing for the Case

Brent E. Beveridge, Morgantown, W. Va., for plaintiff-appellant.

Janet Alberghini Penz, Sr. Associate Counsel, UMWA Health & Retirement Funds, Washington, D.C., argued (Andree M. St. Martin, Associate Gen. Counsel, UMWA Health & Retirement Funds, Washington, D.C., on the brief), for defendants-appellees.

Before RUSSELL and WIDENER, Circuit Judges, and WILLIAMS, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

Delbert T. Gauer appeals from the district court's grant of summary judgment for the Trustees of the United Mine Workers of America Health and Retirement Funds ("Trustees"). The district court held that the Trustees did not abuse their discretion in denying Gauer's application for pension benefits under the United Mine Workers of America 1950 Pension Plan ("Pension Plan"). Gauer contends the denial was arbitrary because...

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