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TWOMEY v. DELTA AIRLINES PILOTS PENSION PLAN

Nos. 02-1968, 02-2271.

328 F.3d 27 (2003)

Thomas F. TWOMEY, Plaintiff, Appellant, v. DELTA AIRLINES PILOTS PENSION PLAN, and Leon A. Piper, Jr., Anthony Austin, W.M. Braham, David S. Bushy, Robert S. Harkey, Raymond Valeika and Joan W. Vincenz, Members of the Plan's Administrative Committee, Defendants, Appellees/Cross-Appellants.

United States Court of Appeals, First Circuit.

Decided May 7, 2003.

Attorney(s) appearing for the Case

Christopher J. Trombetta, with whom Richard J. Hindlian, Damon M. Seligson and Holland & Knight LLP were on brief, for appellant.

J. Timothy McDonald, with whom Lisa J. Wathey, Rogers & Hardin LLP, Lisa J. Damon and Kent D.B. Sinclair were on brief, for appellees/cross-appellants.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

This case presents us with the issue of whether a beneficiary of a pension plan can intentionally evade receipt of his benefits and then force the pension plan to pay him interest on the forgone benefits. Because we find that no obligation to pay interest exists in such a situation, we affirm the district court's grant of summary judgment in favor of appellees.

I. Background

Appellant Thomas Twomey served as a pilot for...

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