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CALLERY v. U.S. LIFE INS. CO. IN CITY

No. 03-4097.

392 F.3d 401 (2004)

Sandy CALLERY, Plaintiff-Appellant, v. The UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK; JB'S Restaurants, Inc.; JB'S Family Restaurants; Star Buffet, Defendants-Appellees. AARP; Secretary of Labor, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 10, 2004.

Attorney(s) appearing for the Case

Brian S. King, Salt Lake City, UT, for Plaintiff-Appellant.

W. Mark Gavre, Parsons, Behle & Latimer, Salt Lake City, UT, for Defendants-Appellees.

Karen L. Handorf, Deputy Associate Solicitor, (and Elizabeth Hopkins, Counsel for Appellate and Special Litigation Plans Benefits Security Division, with her on the brief, Howard M. Radzely, Acting Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, and Adrienne K. Dwyer, Trial Attorney, Plan Benefits Security Division, on the brief), Office of the Solicitor, Plans Benefits Security Division, Washington, DC, for Amicus Curiae.

Mary Ellen Signorille, (and Melvin R. Radowitz, on the brief), AARP Foundation, Washington, DC, for Amicus Curiae AARP.

Before KELLY, HOLLOWAY, and LUCERO, Circuit Judges.

KELLY, Circuit Judge.

Plaintiff-Appellant Sandy Callery appeals from a judgment on the pleadings in favor of Defendant-Appellee Star Buffet. The district court held that the monetary award sought by Ms. Callery did not constitute "appropriate equitable relief" under § 502(a)(3) of ERISA. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Background

In 1994, Plaintiff-Appellant Sandy Callery filled out an application...

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