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McCOY v. HOLLAND

No. 03-1223.

364 F.3d 166 (2004)

Ivory McCOY, Plaintiff-Appellee, v. Michael HOLLAND; Joseph P. Brennan; Marty D. Hudson; B.V. Hyler, Trustees of the 1974 Pension Plan, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 9, 2004.

Attorney(s) appearing for the Case

ARGUED: Carolyn O'Meara Dutrow, Office of the General, United Mine Workers of America, Washington, D.C., for Appellants. Terry Gene Kilgore, Wolfe, Williams & Rutherford, Norton, Virginia, for Appellee. ON BRIEF: Glenda S. Finch, Deputy General, Michele Schoeppe, Senior Associate Counsel, UMWA Health & Retirement Funds, United Mine Workers Of America, Washington, D.C., for Appellants. Roger W. Rutherford, Wolfe, Williams & Rutherford, Norton, Virginia, for Appellee.

Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge GREGORY joined.

OPINION

WILLIAMS, Circuit Judge:

The Trustees of the United Mine Workers of America 1974 Pension Plan appeal the district court's summary reversal of their decision to deny disability pension benefits to Ivory McCoy. Finding that the decision of the Trustees was supported by substantial evidence, we reverse...

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