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FARHNER v. UNITED TRANSP. UNION DISCIPLINE INCOME

No. 09-4431.

645 F.3d 338 (2011)

Mark FARHNER, Plaintiff-Appellant, v. UNITED TRANSPORTATION UNION DISCIPLINE INCOME PROTECTION PROGRAM, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Gregory G. Paul , Equality at Work, PLLC, Sewickley, Pennsylvania, for Appellant. Kevin C. Brodar , United Transportation Union, Cleveland, Ohio, for Appellee. ON BRIEF: Gregory G. Paul , Equality at Work, PLLC, Sewickley, Pennsylvania, for Appellant. Kevin C. Brodar , United Transportation Union, Cleveland, Ohio, for Appellee.

COLLIER, Chief D.J., delivered the opinion of the court, in which GRIFFIN, J., joined. GILMAN, J. (pp. 346-47), delivered a separate opinion concurring in the judgment reached.

OPINION

CURTIS L. COLLIER, Chief District Judge.

Plaintiff-Appellant Mark Farhner ("Farhner") appeals the district court's order granting Defendant-Appellee United Transportation Union Discipline Income Protection Program's (the "Plan" or "DIPP") motion for summary judgment. Farhner brings this action pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132, seeking judicial review of the Plan's denial of discharge benefits...

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