KEATING v. WHITMORE MFG. CO.

No. 98-1511.

186 F.3d 418 (1999)

Janice M. KEATING, Appellant, v. The WHITMORE MANUFACTURING COMPANY; Capital Southwest Corporation; Retirement Plan for Employees of Capital Southwest Corporation and its Affiliates; Retirement Committee of the Retirement Plan for Employees of Capital Southwest Corporation and its Affiliates; William R. Thomas, Chairman of the Retirement Committee of the Retirement Plan for Employees of Capital Southwest Corporation and its Affiliates.

United States Court of Appeals, Third Circuit.

Decided August 2, 1999.


Attorney(s) appearing for the Case

Michael P. McIntyre (argued), Allentown, PA, for Appellant.

Beverly B. Godbey (argued), Gardere & Wynne, L.L.P., Dallas, Texas, Jay E. Mintzer, Jonathan M. Field, Edelstein, Mintzer & Sarowitz, Philadelphia, PA, for Appellees.

Before: GREENBERG, ROTH and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

Following her husband's death, Janice Keating brought suit against his employer to recover benefits from his retirement plan. The District Court granted summary judgment in favor of the employer because her husband had been terminated from his job prior to his death. We conclude that the pension plan administrators reasonably determined that the husband was not in "service" to the company at the time of his death...

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