MIDDLEBROOKS v. LEAVITT

Attorney(s) appearing for the Case

Employee Retirement Income Security Act of 1974, ARGUED: David Joseph Arkush, Public Justice, Washington, D.C., for Amicus Supporting Appellant. Melanie L. Glickson, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Ari Hershowitz, Student, Gregory J. Langlois, Student Counsel, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant. Rod J. Rosenstein, United States Attorney, Neil R. White, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed in part and vacated and remanded in part by published opinion. Judge MOTZ wrote the opinion, in which Judge DUNCAN and Judge BRINKEMA joined.