United States Sixth Circuit

Plaintiff's suit, claiming that defendant discharged him solely to avoid payment of his benefits in violation of section 510 of ERISA, is dismissed where defendant's desire to avoid payment of benefits was merely incidental to the decision to terminate.

Appellate Information

• Decided 06/21/2005
• Published 06/21/2005

Judges

• Before:  KEITH, CLAY, and FARRIS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark Joseph Byrne, Jacobs, Kleinman, Seibel & McNally, Cincinnati, Ohio, for Appellant.  David M. Cook, Law Office of David M. Cook, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Mark Joseph Byrne, Jacobs, Kleinman, Seibel & McNally, Cincinnati, Ohio, for Appellant.   Karl Williamson, Cincinnati, Ohio, for Appellee.