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BERGT v. RETIREMENT PLAN FOR PILOTS, MARKAIR

No. 99-36016.

293 F.3d 1139 (2002)

Neil BERGT, Plaintiff-Appellant, v. The RETIREMENT PLAN FOR PILOTS EMPLOYED BY MARKAIR, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2002.

Attorney(s) appearing for the Case

Ronald W. Goss, Ellis & Goss, P.L.L.C., Seattle, WA, for the appellant.

Rosemary Phillips, Pension Benefit Guaranty Corporation, Washington DC, for the appellee.

Before BARRY G. SILVERMAN and ARTHUR L. ALARCON, Circuit Judges, and RUDI M. BREWSTER, Senior District Judge.

OPINION

BREWSTER, Senior District Judge.

Neil G. Bergt ("Bergt") appeals the lower court's summary judgment order denying him retirement benefits covered under the Employment Retirement Income Security Act, 29 U.S.C. §§ 1001 et. seq. ("ERISA"). The central question in this case is how to interpret an ERISA plan when the provisions of the plan master document are more favorable than, and conflict with...

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