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WHISMAN v. ROBBINS

Nos. 93-3983, 93-4030.

55 F.3d 1140 (1995)

Telford P. WHISMAN, Plaintiff-Appellee/Cross-Appellant, v. Loran ROBBINS, Trustee, et al., Defendants, Central States, Southeast & Southwest Areas Pension Fund, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

Konrad Kuczak (argued and briefed), Dayton, OH, for plaintiff-appellee cross-appellant.

Terence G. Craig, Thomas C. Nyhan, Francis J. Carey (argued), and Joan P. Simmons (briefed), Cent. States, Southeast & Southwest Areas Health & Welfare & Pension Funds, Rosemont, IL, for Central States, Southeast & Southwest Areas Pension Fund.

Before: BROWN, NORRIS, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Telford Whisman sued Central States, Southeast and Southwest Areas Pension Fund ("Central States" or "Plan") and several trustees, after the Plan suspended his early retirement benefits due to Whisman's reemployment. The district court held that the suspension was arbitrary and capricious because, although it conformed to the plan provisions themselves, the sections concerning suspension of benefits due to reemployment violated the Employee...

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