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GOLDSTEIN v. JOHNSON & JOHNSON

No. 00-5149.

251 F.3d 433 (2001)

Gideon GOLDSTEIN, M.D., PH.D., Appellant, v. JOHNSON & JOHNSON; Retirement Plan of Johnson & Johnson and Affiliated Companies; Consolidated Retirement Plan of Johnson & Johnson; The Excess Benefit Plan of Johnson & Johnson.

United States Court of Appeals, Third Circuit.

Filed May 25, 2001.

Attorney(s) appearing for the Case

Sheppard A. Guryan, Esquire (Argued) Bruce H. Snyder, Esquire Lasser Hochman, L.L.C., 75 Eisenhower Parkway Roseland, N.J. 07068, Counsel for Appellant.

Francis X. Dee, Esquire (Argued) Stephen F. Payerle, Esquire Carpenter, Bennett & Morrissey, Three Gateway Center 100 Mulberry Street Newark, N.J. 07102, Counsel for Appellees.

Before: BECKER, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This is an appeal by Dr. Gideon Goldstein from the adverse judgment of the District Court in favor of his former employer, Johnson & Johnson (J & J), following a bench trial. It requires us to address again the question of the proper scope of judicial review of the decision of a plan administrator acting under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., to deny...

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