Legal Opinion · Concurrence

Jorden Hodgins v. Central States Southeast and Southwest Areas Pension Fund

Court of Appeals for the Sixth Circuit

Decided June 24, 1980No. 77-1617Published

1ConcurrenceNathaniel R. Jones, Circuit Judge

Because, in my opinion, Reiherzer v. Shannon, 581 F.2d 1266 (7th Cir. 1978), incorrectly interpreted the provisions of the Central States, Southeast and Southwest Areas Pension Plan with respect to the eligibility of supervisors, I cannot join in the reasoning of the majority opinion. I concur in the result on the basis that the Fund is estopped from denying the eligibility of Hodgins to receive pension benefits.

I

The majority relies exclusively on Reiher-zer v. Shannon to justify the award of benefits. Reiherzer is concerned with the Fund’s ruling that a self-employed contributor was…

2Cases cited11 opinions

  1. Kathleen Moglia v. James GeogheganCourt of Appeals for the Second Circuit · 1969
  2. James J. Reiherzer v. Daniel J. Shannon, and Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Seventh Circuit · 1978
  3. Mrs. Geneva B. Phillips v. William J. KennedyCourt of Appeals for the Eighth Circuit · 1976
  4. William H. Thurber v. The Western Conference of Teamsters Pension PlanCourt of Appeals for the Ninth Circuit · 1976
  5. Cliff J. Wilson v. Board of Trustees of the Pension Trust Fund for Operating Engineers and Pension Trust Fund for Operating EngineersCourt of Appeals for the Ninth Circuit · 1977

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