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GARNER v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST

No. 21-1602.

31 F.4th 854 (2022)

Dorothy GARNER, Plaintiff-Appellee, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND ACTIVE PLAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2022.

Attorney(s) appearing for the Case

Francis Joseph Carey , CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Chicago, Illinois, for Appellant. M. Leila Louzri , FOSTER LAW FIRM, LLC, Greenville, South Carolina, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Diaz and Senior Judge Floyd joined.

Dorothy Garner filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., after Central States denied her claim for benefits following spinal surgery. The district court granted summary judgment to Garner, concluding that Central States had abused its discretion by relying...

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