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TOMPKINS v. CENTRAL LABORERS' PENSION FUND

No. 12-1995.

712 F.3d 995 (2013)

Donald J. TOMPKINS, Plaintiff/Counter-Defendant-Appellant, v. CENTRAL LABORERS' PENSION FUND, Defendant/Counter-Plaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 2013.

Attorney(s) appearing for the Case

Gery Ronald Gasick , Attorney, Peoria, IL, for Plaintiff/Counter-Defendant-Appellant.

Patrick J. O'Hara , Attorney, Cavanagh & O'Hara, Springfield, IL, for Defendant/Counter-Plaintiff-Appellee.

Before EASTERBROOK, Chief Judge, and WILLIAMS and SYKES, Circuit Judges.

WILLIAMS, Circuit Judge.

The Central Laborers' Pension Fund (the "Fund") terminated Donald J. Tompkins's disability benefits because he became employed full-time and, therefore, no longer had a "total and permanent disability." Tompkins, who brought this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., challenges the Fund's interpretation of its definition of "total and permanent disability." The Fund, which acknowledges...

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