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MILLENSIFER v. RETIREMENT PLAN

No. 90-1304.

968 F.2d 1005 (1992)

Nancy MILLENSIFER, Plaintiff-Appellant, v. RETIREMENT PLAN FOR SALARIED EMPLOYEES OF COTTER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 26, 1992.

Attorney(s) appearing for the Case

Donald T. Trinen of Hart & Trinen, Denver, Colo., for plaintiff-appellant.

Robert R. Watson of Sidley & Austin, Chicago, Ill. (David W. Kerber and William L. Sasz of Kelly, Stansfield & O'Donnell, Denver, Colo., with him on the brief), for defendant-appellee.

Before HOLLOWAY and LOGAN, Circuit Judges, and BRATTON, Senior District Judge.

LOGAN, Circuit Judge.

Plaintiff Nancy Millensifer brought an action against the defendant Retirement Plan for Salaried Employees of Cotter Corporation (Plan) under 29 U.S.C. § 1132 to recover benefits she alleged were due her as widow and beneficiary of Plan participant Dale Lesher. The district court concluded that Lesher "did not meet the required conditions for retirement benefits under the Plan," I R. tab 12, at 11, and therefore granted defendant's motion...

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