PRICE v. INDIANA LABORER'S PENSION FUND

Nos. 09-3897, 09-4204.

632 F.3d 288 (2011)

James R. PRICE, Plaintiff-Appellee, v. BOARD OF TRUSTEES OF the INDIANA LABORER'S PENSION FUND; Indiana Laborer's Pension Fund, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 12, 2011.


Attorney(s) appearing for the Case

ARGUED: R. Gary Winters , McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellants. Tony C. Merry , Law Offices of Tony C. Merry, LLC, Columbus, Ohio, for Appellee. ON BRIEF: R. Gary Winters , McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellants. Tony C. Merry , Law Offices of Tony C. Merry, LLC, Columbus, Ohio, for Appellee.

McKEAGUE, J., delivered the opinion of the court, in which SUTTON, J., joined. JONKER, D.J. (pp. 298-301), delivered a separate concurring opinion.


OPINION

McKEAGUE, Circuit Judge.

This appeal arises at the intersection of numerous areas of complex federal law. We are called upon to sift through this complexity in the hopes of adding clarity. For many years prior to this appeal, James Price received occupational disability benefit payments under an employee benefit plan established and maintained in accordance with the Employee Retirement Income Security Act of 1974 ("ERISA"). Price's benefits were...

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