Bertie Mae Rhoton v. Central States, Southeast and Southwest Areas Pension Fund

WELLFORD, Circuit Judge.

Plaintiff-appellant appeals the decision of the United States District Court for the Eastern District of Tennessee denying her relief in an action for survivor’s benefits against the defendant-appellee Pension Fund. Jurisdiction is founded upon the Employee Retirement and Income Security Act (ERISA), 29 USC § 1132(a)(1)(B).

At issue is whether the denial of the benefits sought was arbitrary, capricious, or in bad faith. Van Gunten v. Central States, Southeast and Southwest Areas Pension Fund, 672 F.2d 586 (6th Cir.1982). Because the Fund trustees have given an…