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CAVEGN v. TWIN CITY PIPE TRADES PENSION PLAN

No. 02-1535.

333 F.3d 879 (2003)

Bernard CAVEGN, Appellant, v. TWIN CITY PIPE TRADES PENSION PLAN, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2003.

Rehearing and Rehearing Denied: July 31, 2003.

Attorney(s) appearing for the Case

Philip W. Getts, Thompson & Coe, St. Paul, MN, for Plaintiff-Appellant.

William Allan Cumming, Moss & Barnett, Minneapolis, MN, for Defendant-Appellee.

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

Rehearing and Rehearing En Banc Denied: July 31, 2003.

HANSEN, Circuit Judge.

Bernard Cavegn obtained an award of disability retirement benefits from the Twin City Pipe Fitters Pension Plan (the Plan), but he appealed, challenging the trustees' determination of the date he became totally and permanently disabled within the meaning of the Plan. The Plan denied his appeal, and Cavegn brought this suit to recover retroactive disability retirement benefits pursuant...

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