United States Tenth Circuit

In an ERISA action seeking retroactive pension and savings benefits allegedly owed to plaintiff under two of defendants' employee benefits plans, summary judgment for defendants is affirmed where the plan administrator's denial of plaintiff's claim for benefits was not arbitrary or capricious because, inter alia, plaintiff was ineligible for benefits under the Plans as an independent contractor.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• EBEL, Circuit Judge., Before HENRY, Chief Circuit Judge, and SEYMOUR and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Babette Patton, Breathwit & Patton, P.C., Oklahoma City, OK, for Appellant.


• For Appellees:
  
• Michael S. Beaver (Catherine C. Crane with him on brief) of Holland & Hart LLP, Greenwood Village, CO, for Appellees.