United States First Circuit

Plaintiff's claim, alleging defendant unlawfully assessed a tax charge against their deferred compensation earnings, is dismissed where defendant's actions are within the bounds of discretion permitted by the contract underlying the plan.

Appellate Information

• Decided 12/01/2004
• Published 12/01/2004

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Brent J. Kaplan, with whom Thomas J. Gallo and Robins, Kaplan, Miller & Ciresi LLP, were on brief, for appellants.


• For Appellees:
  
• Thomas J. Dougherty, with whom Kurt Wm. Hemr and Skadden, Arps, Slate, Meagher & Flom LLP, were on brief, for appellees.