Legal Opinion

Oster v. Barco of California Employees' Retirement Plan

Court of Appeals for the Ninth Circuit

Decided October 11, 1988No. 86-5696PublishedCited by 30 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Circuit Judge:

Sam Oster, a former employee of Barco of California (Barco), brought this action against Barco, the Barco Employees’ Retirement Plan (the Plan), and the Barco Plan’s Managing Committee (the Committee), alleging that the Committee’s denial of his request for payment of his retirement benefits in a lump sum was arbitrary, capricious, and unreasonable. The district court granted defendants’ motion for summary judgment on the grounds that the Committee was exercising its discretion as provided for in the Plan, that the decision not to pay retirement benefits in…

2Cases cited18 opinions

  1. Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
  2. Harry Jung, Individually and on Behalf of All Other Persons Similarly Situated v. Fmc Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
  3. Jack D. Denton v. First National Bank of Waco, TexasCourt of Appeals for the First Circuit · 1985
  4. Fentron Industries, Inc. v. The National Shopmen Pension FundCourt of Appeals for the Ninth Circuit · 1982
  5. Taylor Roark v. John L. Lewis, Maude W. Reese, of the Last Will and Testament of Joe S. Rees(e) v. John L. Lewis, Theo R. Fuller v. John L. LewisCourt of Appeals for the D.C. Circuit · 1968

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3Cited by30 opinions

  1. Krumme v. Westpoint Stevens Inc.Court of Appeals for the Second Circuit · 1998
  2. Sandra Hensley John Wiest, Jr. Donna Hohnstein Linda Onheiber, on Behalf of Themselves and All Others Similarly Situated v. Northwest Permanente P.C. Retirement Plan & Trust, a Defined Contribution Pension Plan Northwest Permanente P.C., an Oregon Corporation Retirement Plans Committee of the Northwest Permanente P.C. Retirement Plan & Trust, an Unincorporated Association Permanente Physicians Retirement Plan for Northwest Permanente P.C., a Defined Benefit Plan Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an Unincorporated Association, Sandra Hensley John Wiest, Jr. Donna Hohnstein Linda Onheiber, on Behalf of Themselves and All Others Similarly Situated v. Northwest Permanente P.C. Retirement Plan & Trust, a Defined Contribution Pension Plan Northwest Permanente P.C., an Oregon Corporation Retirement Plans Committee of the Northwest Permanente P.C. Retirement Plan & Trust, an Unincorporated Association Permanente Physicians Retirement Plan for Northwest Permanente P.C., a Defined Benefit Plan Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an Unincorporated Association, Sandra Hensley John Wiest, Jr. Donna Hohnstein Linda Onheiber, on Behalf of Themselves and All Others Similarly Situated, and Kate Burnham v. Northwest Permanente P.C. Retirement Plan & Trust, a Defined Contribution Pension Plan, Northwest Permanente P.C., an Oregon Corporation Retirement Plans Committee of the Northwest Permanente P.C. Retirement Plan & Trust, an Unincorporated Association Permanente Physicians Retirement Plan for Northwest Permanente P.C., a Defined Benefit Plan Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an Unincorporated Association, and Bank of California Na, National Banking Association, Trustee for Northwest Permanente Pc Retirement Plan and Trust. Kathleen Holahan, M.D., Fiduciary for Northwest Permanente Pc Retirement Plan & Trust Jan Collins, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Nicholas Demorgan, Md Fiduciary for Northwest Permanente Pc Retirement Retirement Plan & Trust Christopher P. Nelson, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Fred M. Nomura, Fiduciary for Northwest Permanente Pc Retirement Plan & Trust Harry Stathos, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Wiliam Ward, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Ann Stenzel, Fiduciary for Northwest Permanente Pc Retirement Plan and TrustCourt of Appeals for the Ninth Circuit · 2001
  3. Tapley v. Locals 302 & 612 of the International Union of Operating Engineers-Employers Construction Industry Retirement PlanCourt of Appeals for the Ninth Circuit · 2013
  4. Pens. Plan Guide P 23908wCourt of Appeals for the Ninth Circuit · 1995
  5. Joyce Vitale v. Latrobe Area HospitalCourt of Appeals for the Third Circuit · 2005

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