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SANDIFER v. CENT. STATES S.E. & S.W. AREAS PENSION

Civ. A. No. 88-087.

709 F.Supp. 713 (1989)

Mary L. SANDIFER v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND.

United States District Court, E.D. Louisiana.

March 30, 1989.

Attorney(s) appearing for the Case

Joseph G. Albe, New Orleans, La., for plaintiff.

Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, J. David Forsyth, T.A., New Orleans, La., for Central States Southeast & Southwest Areas Pension Fund.

ORDER AND REASONS

FELDMAN, District Judge.

This case, before the Court on cross-motions for summary judgment, raises the question of whether a provision of defendant's Joint and Survivor Pension Benefit Plan violated ERISA, 29 U.S.C. § 1055(e), making the defendant liable for an arbitrary and capricious denial of pension benefits under 29 U.S.C. § 1132.

I. Factual Background

Plaintiff's deceased husband, Monroe L. Sandifer...

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