Hailey v. Commonwealth Aluminum Corp.

OPINION

MESSITTE, District Judge.

I

Plaintiff Josephine H. Hailey sues her deceased husband’s former employer, Commonwealth Aluminum Corporation (“Commonwealth”), in connection with a an employee benefit known as the Commonwealth Aluminum Corporation Pension Plan for Salaried Employees (the “Plan”). Also named as defendants are the Plan and A.R. Panariello, Commonwealth’s manager of employee benefits. Hailey seeks benefits, attorney fees and costs under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. Defendants ask for summary judgment on the ground that…