United States Eighth Circuit

In a dispute involving pension benefits brought under ERISA, summary judgment for plaintiff is affirmed where the court did not err in finding that the defendant wrongfully suspended plaintiff's monthly pension benefits, as his new employment used different skills and was not in the same trade or craft as the position from which he had retired. The court erred in awarding plaintiff attorneys' fees under ERISA as the Plan's position was not untenable, indefensible, overbroad or unwarranted.

Appellate Information

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

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Carl S. Wosmek, argued, Amy Lu Court and Amamnda R. Cefalu, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Robert J. Hajek, argued, Donald Lawrence Beauclaire, on the brief, Minneapolis, MN, for appellee.