OVERBY v. NATIONAL ASS'N OF LETTER CARRIERS

No. 09-7050.

595 F.3d 1290 (2010)

Halline OVERBY and Paulette M. Overby, Appellees v. NATIONAL ASSOCIATION OF LETTER CARRIERS, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 2010.


Attorney(s) appearing for the Case

John C. Hayes, Jr. argued the cause for appellants. With him on the briefs was Kenneth J. Nichols.

Stephen R. Bruce argued the cause for appellees. With him on the brief was Allison C. Pienta.

Opinion for the Court filed by Chief Judge SENTELLE.


SENTELLE, Chief Judge:

Halline Overby, an annuitant in a retirement trust fund operated by National Association of Letter Carriers (NALC), and his wife Paulette Overby brought suit in district court seeking a declaration that a purported amendment to the trust plan which would have rendered Paulette Overby ineligible to receive benefits under the plan as a surviving spouse was not properly adopted and is therefore inoperative. The district court found that the trustees...

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