Legal Opinion

Don Birdsell v. United Parcel Service of America, Inc. UPS Health and Welfare Plan Aetna Life and Casualty Company

Court of Appeals for the Eighth Circuit

Decided October 28, 1996No. 95-4002PublishedCited by 14 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Donald Birdsell appeals the district court’s grant of summary judgment in favor of United Parcel Service of America, Inc., (UPS), UPS Health and Welfare Plan (the plan), and Aetna Life & Casualty Company (Aetna), in his action brought pursuant to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA). We affirm.

I

As an employee of UPS, Birdsell is a participant in the plan, which is an ERISA-covered employee welfare benefit plan. See 29 U.S.C. § 1002(1). The day-to-day operations of the plan are managed by Aetna as the claim administrator;…

2Cases cited6 opinions

  1. Katsaros v. CodyCourt of Appeals for the Second Circuit · 1984
  2. Jane Donaho v. Fmc Corporation, a Delaware Corporation, as Plan Administrator of the Fmc Long-Term Disability PlanCourt of Appeals for the Eighth Circuit · 1996
  3. Donald L. Davidson v. The Prudential Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1992
  4. Ernest M. Bolling v. Eli Lilly and Company Employee Benefits Committee, Ernest M. Bolling v. Eli Lilly and Company Employee Benefits CommitteeCourt of Appeals for the Eighth Circuit · 1993
  5. Terry Holcomb, Appellee/cross-Appellant v. United Automotive Assn. Of St. Louis, Inc., Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1988

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Marjorie Booton v. Lockheed Medical Benefit PlanCourt of Appeals for the Ninth Circuit · 1997
  2. James Mcdonald v. Western-Southern Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 2003
  3. Mizzell v. Paul Revere Life InsuranceDistrict Court, C.D. California · 2000
  4. Coonley v. Fortis Benefit InsuranceDistrict Court, N.D. Iowa · 1997
  5. Douglas v. General Dynamics Long Term Disability PlanCourt of Appeals for the Sixth Circuit · 2002

9 more not listed; retrieve them via the Exa API.

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