Legal Opinion

Cerra v. Harvey

District Court, S.D. West Virginia

Decided September 2, 2003No. CIV.A. 2:02-0915PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending are the parties’ cross-motions for summary judgment on all issues. The Court GRANTS Plaintiffs motion for summary judgment on his claim the Defendants wrongfully denied his pension benefits and DENIES Defendants’ motion for summary judgment on their Counterclaim. Plaintiffs motion for fees and costs is GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff James Cerra (Cerra) served as a Trustee on the Board of Trustees (the Board) for Defendants West Virginia Laborers Pension Trust Fund (Pension Fund) and West Virginia Laborers Trust…

2Cases cited16 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Charles M. Laws v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1966
  3. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  4. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  5. National Labor Relations Board v. United Insurance Co. of AmericaSupreme Court of the United States · 1968

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3Cited by1 opinion

  1. Johnson v. New River Scenic Whitewater Tours, Inc.District Court, S.D. West Virginia · 2004

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