United States DC Circuit

In an action seeking a declaration that a purported amendment to a trust plan, which would have rendered plaintiff ineligible to receive benefits under the plan as a surviving spouse, was not properly adopted, judgment for plaintiffs is affirmed where the district court committed no reversible error in either its factual determinations or in its conclusions of law in finding that the trustees of the plan had not submitted the amendment to the fund's actuaries for an evaluation and estimate of its cost, as required by the governing provisions of the plan, and therefore the amendment was not properly adopted.

Appellate Information

• Argued 11/20/2009
• Decided 02/26/2010
• Published 02/26/2010

Judges

• Before SENTELLE, Chief Judge, ROGERS, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John C. Hayes, Jr. argued the cause for appellants. With him on the briefs was Kenneth J. Nichols.


• For Appellees:
  
• Stephen R. Bruce argued the cause for appellees. With him on the brief was Allison C. Pienta.