United States Tenth Circuit

In an ERISA action claiming that the termination of the membership of plaintiff's employer in defendant's health plan was arbitrary and capricious, judgment for plaintiff is affirmed where: 1) the reinstatement of pension benefits is a permissible equitable remedy under ERISA; and 2) the district court did not err in finding that the termination was a pretext to avoid paying plaintiff's claim.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• McCONNELL, Circuit Judge., Before BRISCOE, BRORBY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Timothy M. Stubson, Brown, Drew & Massey, LLP, Casper, WY, for Defendant-Appellant., Jessica Rutzick, Rutzick Law Office, Jackson, WY, for Plaintiff-Appellee.