Montgomery v. Lowe

MEMORANDUM AND ORDER

CIRE, District Judge.

This case arises under 29 U.S.C. § 1132(a)(1)(b), which permits any participant in an ERISA plan, 29 U.S.C. § Í002(2), to recover benefits wrongfully withheld or to clarify rights to future benefits.

Plaintiff is a former employee of M. David Lowe Personnel Services and is seeking to recover, pursuant to the terms of the M. David Lowe Group Employees Profit Sharing Plan and Trust (hereinafter the Plan), those benefits to which he believes he is entitled. His employment with M. David Lowe began in 1970 and terminated in March 1978; at the end of the plan…