GABRIEL v. ALASKA ELEC. PENSION FUND

No. 12-35458.

755 F.3d 647 (2014)

Gregory R. GABRIEL, Plaintiff-Appellant, v. ALASKA ELECTRICAL PENSION FUND; Trustees of the Alaska Electrical Pension Fund; Pension Administrative Committee of the Alaska Electrical Pension Fund; Appeals Committee of the Alaska Electrical Pension Fund; Gregory Stokes; Gary Brooks; Steve Boyd; John Giuchici; Cheresa MacLeod; Scott Bringmann; David Carle; Jim Fullford; Mary Tesch; Knute Anderson; Mike Bavard; Larry Bell; Vince Beltrami, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2014.


Attorney(s) appearing for the Case

Jennifer Mary Coughlin , K & L Gates, LLP, Anchorage, AK, for Plaintiff-Appellant.

Allen Bruce McKenzie , and Frank J. Morales , McKenzie Rothwell Barlow & Coughran, P.S., Seattle, WA, for Defendants-Appellees.

Before: ALEX KOZINSKI, Chief Judge, and MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges.


OPINION

IKUTA, Circuit Judge:

Gregory R. Gabriel appeals the district court's dismissal of his claims against the Alaska Electrical Pension Fund (the Fund) and other defendants under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. Because Gabriel failed to raise a genuine issue of material fact that the Fund abused its discretion in denying him benefits, or that he was entitled to "appropriate equitable relief...

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