COX v. MID-AMERICA DAIRYMEN, INC.

No. 91-1066.

965 F.2d 569 (1992)

Howard E. COX, Appellee, v. MID-AMERICA DAIRYMEN, INC., A Kansas Corporation, Appellant, Mid-America Dairymen, Inc. Retirement Plan; Northern Trust Company.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1992.

Rehearing Denied June 11, 1992.


Attorney(s) appearing for the Case

Wayne H. Hoecker, Kansas City, Mo., argued, for appellant.

Gary T. Nelms, Springfield, Mo., argued, for appellee.

Before JOHN R. GIBSON, BOWMAN and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

This is an employee's action under ERISA, 29 U.S.C. §§ 1001 et seq., to review the denial of disability benefits under his employer's retirement plan. The district court entered summary judgment awarding benefits to Howard E. Cox, concluding that the Plan's trustees had abused their discretion in finding him not disabled. The employer, Mid-America Dairymen, Inc., has appealed. We conclude...

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