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COBB v. CENTRAL STATES

No. 05-30906 Summary Calendar.

461 F.3d 632 (2006)

Daisy Estelle COBB, Widow of Oliver Ray Gibbs, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHWEST AND SOUTHEAST AREAS PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 2006.

Attorney(s) appearing for the Case

Alvin D. Singletary, Slidell, LA, for Cobb.

Charles H. Lee, Cent. States Health & Welfare & Pension Funds, Rosemount, IL, J. David Forsyth, Sessions, Fishman & Nathan, New Orleans, LA, for Defendant-Appellee.

Before SMITH, GARZA and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Daisy Cobb appeals an adverse benefit determination by Central States, Southwest and Southeast Areas Pension Plan ("Central States"). We vacate the judgment and remand with instruction to dismiss for want of subject matter jurisdiction.

I.

In about August 1979, Oliver Gibbs submitted an "Application for a Retirement Pension Benefit" to Central States stating that he was retiring on October 26, 1979.

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