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DOWNIE v. INDEPENDENT DRIVERS ASS'N PENSION PLAN

No. 90-1119.

934 F.2d 1168 (1991)

Merlin DOWNIE, Plaintiff-Appellant, v. INDEPENDENT DRIVERS ASSOCIATION PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 5, 1991.

Attorney(s) appearing for the Case

Timothy J. Parsons (David B. Seserman with him on the briefs) of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colo., for plaintiff-appellant.

James C. Ruh of Jensen Byrne Parsons Ruh & Tilton P.C., Denver, Colo., for defendant-appellee.

Before MOORE, SETH and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This case arises under the civil enforcement provisions of the Employee Retirement Income Security Act (ERISA). Plaintiff, Merlin Downie, appeals a portion of the equitable remedy fashioned by the district court under 29 U.S.C. § 1132(a)(3)(B). The court fashioned this remedy because it found the trustees of the defendant, Independent Drivers Association Pension Plan (Plan), had acted arbitrarily in revoking plaintiff's benefits...

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