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TRUJILLO v. CYPRUS AMAX MINERALS RET. PLAN COMM.

No. 99-1008.

203 F.3d 733 (2000)

Edward G. TRUJILLO, Plaintiff-Appellant, v. CYPRUS AMAX MINERALS COMPANY RETIREMENT PLAN COMMITTEE and Cyprus Amax Minerals Company Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 8, 2000.

Attorney(s) appearing for the Case

Ralph Ogden of Wilcox & Ogden, P.C., Denver, Colorado, for the appellant.

David R. Hammond (Janet A. Savage, with him on the brief) of Davis, Graham & Stubbs LLP, Denver, Colorado, for the appellees.

Before BRISCOE and PORFILIO, Circuit Judges, and ROGERS, Senior District Judge.

BRISCOE, Circuit Judge.

Plaintiff Edward Trujillo, a former employee of Cyprus Amax Minerals Company (Amax), filed suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, challenging a decision by defendant Cyprus Amax Minerals Company Retirement Plan Committee (the Committee) to reduce Trujillo's disability retirement benefits by the total amount of a workers' compensation settlement without paying a pro rata share...

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