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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.