DOWLING v. PENSION PLAN FOR SALARIED EMPLOYEES

No. 16-1977.

871 F.3d 239 (2017)

John E. DOWLING, Appellant v. PENSION PLAN FOR SALARIED EMPLOYEES OF UNION PACIFIC CORPORATION AND AFFILIATES; Roy Schroer, Named Fiduciary-Plan Administration of the Pension Plan For Salaried Employees of Union Pacific Corporation and Its Affiliates; Edwin A. Willis, Delegate of the Named Fiduciary-Plan Administration of the Pension Plan For Salaried Employees of Union Pacific Corporation and Affiliates; The Northern Trust Co in Its Capacity as Trustee of the Pension Plan For Salaried Employees of Union Pacific Corp and Affiliates; Roy Schroer, Administrator of the Supplemental Pension Plan For Officers and Managers of Union Pacific Corporation and Affiliates; Edwin Willis, Delegate of the Administrator of the Supplemental Pension Plan For Officers and Managers of Union Pacific Corporation and Affiliates; Union Pacific Corporation; Supplemental Pension Plan For Officers and Managers of Union Pacific Corporation and Its Affiliates.

United States Court of Appeals, Third Circuit.

(Opinion Filed: September 15, 2017).


Attorney(s) appearing for the Case

[ARGUED] Oldrich Foucek, III   Kelly S. Watkins Norris McLaughlin & Marcus 515 West Hamilton Street Suite 502 Allentown, PA 18101 Counsel for Appellant.

[ARGUED] Christopher T. Cognato   David S. Fryman Ballard Spahr 1735 Market Street 51st Floor Philadelphia, PA 19103 Counsel for Appellees.

Before: AMBRO, HARDIMAN, and VANASKIE, Circuit Judges.


OPINION OF THE COURT

Retirement plans can be complex documents that span hundreds of pages with numerous peculiarities. But when do a plan's terms move from merely complex to ambiguous? That is the question in this pension plan dispute. Former Union Pacific employee John Dowling is covered by a 277-page retirement...

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