United States Eighth Circuit

In an action claiming that defendant miscalculated the amount of pension benefits plaintiff was entitled to receive, wherein defendant raised a third-party claim that third party defendant-Pirelli was responsible for the miscalculation, a ruling against defendant on its third-party claim is affirmed where the district court correctly found that defendant did not adequately plead its ERISA claim and failed to bring its breach of contract claim within one year as required by the APA's limitations provision.

Appellate Information

• Decided 01/29/2008
• Published 01/29/2008

Judges

• GRUENDER, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gene R. LaSuer, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• William A. Blue, Jr., argued, Nashville, TN, for appellee.