· 11/13/1996
Garland F. DAILL, Plaintiff-Appellee, v. SHEET METAL WORKERS’ LOCAL 73 PENSION FUND, Defendant-Appellant
Citations
- 100 F.3d 62
- 20 Employee Benefits Cas. (BNA) 2129
- 1996 U.S. App. LEXIS 29497
- 1996 WL 656687
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a termination of an ERISA plan’s benefits must be based upon the plan’s terms and language
- stating that clear and unequivocal repudiation of plaintiffs claim to benefits so as to trigger statute of limitations did not commence until plaintiffs appeal was decided
- holding claims for benefits due under ERISA “accrue[] upon a clear and unequivocal repudiation of rights under the pension plan which has been made known to the beneficiary.”
- holding, on similar facts, that the plaintiffs claim was time barred
- \a cause of action accrues upon a clear and unequivocal repudiation of rights under the pension plan which has been made known to the beneficiary\
- “If we allowed him to restart the statute of limitations period merely by filing another claim on the same basis as his previous claim, the limitations period would be meaningless.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Flaum, Manion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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