LUBY v. TEAMSTERS HEALTH, WELFARE & PEN. TR. FUNDS

Nos. 90-1900, 90-1912.

944 F.2d 1176 (1991)

Diane C. LUBY v. TEAMSTERS HEALTH, WELFARE, AND PENSION TRUST FUNDS, Charles J. Schaffer, Jr., and Patricia J. Golosky, Patricia J. Golosky, Appellant. Diane C. LUBY v. TEAMSTERS HEALTH, WELFARE, AND PENSION TRUST FUNDS, Charles J. Schaeffer, Jr., and Patricia J. Golosky, Teamsters Health & Welfare Fund of Philadelphia & Vicinity and Charles J. Schaeffer, Jr., Appellants.

United States Court of Appeals, Third Circuit.

September 20, 1991.


Attorney(s) appearing for the Case

Howard M. Goldsmith, Goldsmith & Hoffman, Philadelphia, Pa., for appellant Golosky.

James D. Crawford, James J. Leyden, Frank C. Sabatino, Louis D. Lappen, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellants Teamsters Health, Welfare & Pension Trust Fund and Charles J. Schaffer, Jr.

Jon Marshall, Philadelphia, Pa., for appellee.

Before MANSMANN, ROSENN, and NYGAARD, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) May 9, 1991.

OPINION OF THE COURT

NYGAARD, Circuit Judge:

In this Employee Retirement Income Security Act of 1974 action the threshold issue on appeal is the proper standard and scope of review to be exercised by the district court over a fact based beneficiary determination made by a Teamsters Health & Welfare Fund Administrator. The district court exercised de novo review, awarded the retirement...

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