Vance v. Holland ( 1999 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 98-2637
    ARNOLD VANCE,
    Plaintiff - Appellant,
    versus
    MICHAEL HOLLAND, Trustee; DONALD PIERCE, JR.,
    Trustee; JOHN WALTON, Trustee; JOSEPH J.
    STAHL, II, Trustee; TRUSTEES OF THE UNITED
    MINE WORKERS OF AMERICA 1974 PENSION TRUST,
    United Mine Workers of America,
    Defendants - Appellees.
    Appeal from the United States District Court for the Western
    District of Virginia, at Big Stone Gap. James P. Jones, District
    Judge. (CA-97-269-B)
    Submitted:   March 9, 1999                 Decided:   March 31, 1999
    Before ERVIN and WILKINS, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Arnold Vance, Appellant Pro Se. Jerry Mims, UNITED MINE WORKERS OF
    AMERICA, Washington, D.C., for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Arnold Vance appeals a district court order granting summary
    judgment to the Trustees of the United Mine Workers of America 1974
    Pension Trust, finding that the Trustees’ decision to deny benefits
    under the pension plan was not an abuse of discretion in this
    action filed pursuant to the Employee Retirement Income Security
    Act of 1974 (ERISA), 
    29 U.S.C.A. § 1132
    (a)(1)(B) (West Supp. 1998).
    We have reviewed the record de novo and agree with the district
    court that the Trustees did not abuse their discretion.          See
    Firestone Tire & Rubber Co. v. Bruch, 
    489 U.S. 101
    , 115 (1989);
    Brogan v. Holland, 
    105 F.3d 158
    , 161 (4th Cir. 1997). Accordingly,
    we affirm the district court order.    See Vance v. Holland, No. CA-
    97-269-B (W.D. Va. Oct. 6, 1998).     We dispense with oral argument
    because the facts and legal contentions are adequately presented in
    the materials before the court and argument would not aid the
    decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 98-2637

Filed Date: 3/31/1999

Precedential Status: Non-Precedential

Modified Date: 4/18/2021