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BUZZARD v. HOLLAND

No. 03-1406.

367 F.3d 263 (2004)

Hobert L. BUZZARD, Plaintiff-Appellant, v. Michael H. HOLLAND; Marty D. Hudson; Joseph P. Brennan; B.V. Hyler, as Trustees of the United Mine Workers of America 1974 Pension Plan and Trust; United Mine Workers Of America 1974 Benefit Plan And Trust, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 26, 2004.

Corrected Opinion Filed May 17, 2004.

Attorney(s) appearing for the Case

ARGUED: Robert B. Wilson, Charleston, West Virginia, for Appellant. Jerry Mims, Office of General, UMWA Health & Retirement Funds, Washington, D.C., for Appellees. ON BRIEF: Glenda S. Finch, Deputy General, Office of the General, UMWA Health & Retirement Funds, Washington, D.C., for Appellees.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge KING joined. Judge NIEMEYER wrote a dissenting opinion.

DUNCAN, Circuit Judge:

Hobert L. Buzzard appeals the district court's entry of summary judgment in favor of the Trustees of the United Mine Workers of America 1974 Pension Plan and Trust ("Trustees"). The district court found no abuse of discretion in the Trustees' decision that Buzzard was not entitled to a disability...

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