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ARFSTEN v. FRONTIER AIRLINES RETIREMENT PLAN

Nos. 90-1367, 90-1375.

967 F.2d 438 (1992)

Ardell ARFSTEN, Plaintiff-Appellee/Cross-Appellant, v. FRONTIER AIRLINES, INC. RETIREMENT PLAN FOR PILOTS; Kenneth Burgess; Merry Ettenberg; Daniel Gunn; David Kaplan, as members of the Pension Board of the Frontier Airlines, Inc. Retirement Plan for Pilots, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

June 22, 1992.

Attorney(s) appearing for the Case

Christian C. Onsager of Faegre & Benson, Denver, Colo., for defendants-appellants/cross-appellees.

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

Before LOGAN and BRORBY, Circuit Judges, and DAUGHERTY, District Judge.

LOGAN, Circuit Judge.

Plaintiff Ardell Arfsten brought suit under the Employee Retirement Income Security Act of 1974 (ERISA), Pub.L. No. 93-406, 88 Stat. 829 (codified in relevant part as amended at 29 U.S.C. §§ 1001-1461) against Frontier Airlines, Inc. Retirement Plan for Pilots (Plan) and the four members of the Pension Board (Board), to recover disability retirement benefits he alleged were due him under the Plan. After discovery, both parties filed...

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