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Phelan v. Wyo. Associated Builders, No. 08-8055

By FindLaw Staff on July 31, 2009 | Last updated on March 21, 2019

In an ERISA action claiming that the termination of the membership of plaintiff's employer in defendant's health plan was arbitrary and capricious, judgment for plaintiff is affirmed where: 1) the reinstatement of pension benefits is a permissible equitable remedy under ERISA; and 2) the district court did not err in finding that the termination was a pretext to avoid paying plaintiff's claim.

Read Phelan v. Wyo. Associated Builders, No. 08-8055

Appellate Information

Filed July 31, 2009

Judges

Opinion by Judge McConnell

Counsel

For Appellant:

Timothy M. Stubson, Brown, Drew & Massey, LLP, Casper, WY

For Appellee:

Jessica Rutzick, Rutzick Law Office, Jackson, WY

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