James Marcum v. Retirement Plan, etc., No. 12-2547 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case - ERISA. District court judgment affirmed without comment. [ January 30, 2013
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2547 ___________________________ James Marcum lllllllllllllllllllll Plaintiff - Appellant v. Retirement Plan for Hourly-Rated Employees of Noranda Aluminum, Inc.; Noranda Aluminum, Inc. lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: January 18, 2013 Filed: January 31, 2013 [Unpublished] ____________ Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. James Marcum appeals the district court s1 adverse grant of summary judgment in his Employment Retirement Income Security Act lawsuit arising from the denial of early retirement disability benefits. Upon de novo review, see Green v. Union Sec. Ins. Co., 646 F.3d 1042, 1050 (8th Cir. 2011), we find no basis for overturning the district court s well-reasoned determination that the adverse decision on Marcum s benefits application did not amount to an abuse of discretion, see id. (affirmance is warranted if the decision is reasonable, i.e., reasonable person could have reached similar decision, given evidence before plan administrator when decision was made). The district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri. -2-
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