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BROGAN v. HOLLAND

No. 96-1022.

105 F.3d 158 (1997)

Zeffie R. BROGAN, Plaintiff-Appellant, v. Michael H. HOLLAND; Paul R. Dean; Marty D. Hudson; Elliot A. Segal, as Trustees of the United Mine Workers of America Pension Plan and Trust, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1997.

Attorney(s) appearing for the Case

ARGUED: Robert B. Wilson, Charleston, West Virginia, for Appellant. Matilda Ann Brodnax, Senior Associate Counsel, Office of the General Counsel, UMWA Health and Retirement Funds, Washington, D.C., for Appellees. ON BRIEF: Roger D. Forman, Forman & Crane, L.C., Charleston, West Virginia, for Appellant. Glenda S. Finch, Associate General Counsel, Office of the General Counsel, UMWA Health And Retirement Funds, Washington, D.C., for Appellees.

Before MURNAGHAN, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.

OPINION

WILLIAMS, Circuit Judge:

In early 1988, Zeffie Brogan applied to the United Mine Workers of America 1974 Pension Plan (the Plan) for a disability pension, claiming that he was "totally disabled as a result of a mine accident." The Trustees of the Plan denied Brogan's application. Pursuant to § 502(a)(1)(B) of the Employee...

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