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SEMAN v. FMC CORP. RETIREMENT PLAN

No. 02-1883.

334 F.3d 728 (2003)

Thomas V. SEMAN, Appellant, v. FMC CORPORATION RETIREMENT PLAN FOR HOURLY EMPLOYEES; FMC Corporation; United Defense, Limited Partnership, Appellees. American Association of Retired Persons, Amicus Curiae on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 1, 2003.

Attorney(s) appearing for the Case

Gregory R. Merz, argued, Minneapolis, MN (John M. Nichols, on the brief), for appellant.

Deborah A. Ellingboe, argued, Minneapolis, MN (Steven L. Severson, on the brief), for appellee.

Before HANSEN, Chief Judge, LAY and BYE, Circuit Judges.

HANSEN, Circuit Judge.

Thomas V. Seman appeals the district court's adverse grant of summary judgment in his lawsuit alleging wrongful denial of disability retirement benefits under the Employee Retirement Income Security Act (ERISA). The district court concluded that Seman previously had given up his claim for benefits when he settled an age- and disability-discrimination charge against his employer, and alternatively, that the retirement plan administrator did not...

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