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KOLPACKE v. CSX PENSION PLAN

No. 07-1959.

527 F.3d 538 (2008)

Gerard F. KOLPACKE, Plaintiff-Appellant, v. CSX PENSION PLAN; CSX Transportation, Inc.; CSX Corporation; CSX Corporation Comprehensive Medical Plan; CSX Corporation Group Life Insurance Plan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 21, 2008.

Attorney(s) appearing for the Case

ARGUED: Randall E. Phillips, Provizer & Phillips, P.C., Bingham Farms, Michigan, for Appellant. G. Christopher Bernard, Bodman, Ann Arbor, Michigan, for Appellees. ON BRIEF: Randall E. Phillips, Marilyn A. Madorsky, Provizer & Phillips, P.C., Bingham Farms, Michigan, for Appellant. G. Christopher Bernard, Bodman, Ann Arbor, Michigan, for Appellees.

Before: KENNEDY and MARTIN, Circuit Judges; HOOD, Senior District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiff-Appellant Gerald F. Kolpacke appeals the district court's grant of summary judgment in favor of defendants on his claim of wrongful denial of benefits in violation of the Employee Retirement Income Security Act, 29 U.S.C. § 1132 et seq. Kolpacke alleges that defendants arbitrarily and capriciously denied his claimed benefits by misapplying the relevant...

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