BOWERS v. SHEET METAL WORKERS' NAT. PENSION FUND

No. 02-6290.

365 F.3d 535 (2004)

Jesse M. BOWERS, Plaintiff-Appellee, v. SHEET METAL WORKERS' NATIONAL PENSION FUND, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 16, 2004.


Attorney(s) appearing for the Case

Peter T. Skeie (briefed), Peter Skeie, Attorney at Law, Nashville, TN, for Appellee.

Stephen Mark Rosenblatt (brieed), Jonathan J. Boyles (briefed), Sheet Metal Workers National Pension Fund, Alexandria, VA, for Appellant.

Before NORRIS and COLE, Circuit Judges; ECONOMUS, District Judge.


OPINION

ALAN E. NORRIS, Circuit Judge.

This appeal presents a question of first impression for this court: In a case premised upon a claim for disability benefits under a pension plan governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA"), is an order by a district court remanding the case to the plan administrator for a determination of the claimant's eligibility a final decision under 28 U.S.C. § 1291...

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