053956P.pdf   09/11/2006  Duane L. Christensen  v.  Qwest Pension Plan
   U.S. Court of Appeals Case No:  05-3956
   District of Nebraska   
   [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
   Civil case - ERISA. Plaintiff failed to present any evidence the plan
   administrators knowingly provided false or materially overstated
   estimates of his pension benefit, and he failed to show their error in
   estimating his benefits was a breach of their fiduciary duty; plaintiff
   also failed to show the plan administrators failed to exercise ordinary
   care in selecting and retaining the vendor who ran the plan or in
   monitoring the accuracy of the heavily-used automated system; plaintiff's
   telephone requests for estimates were not in writing and did not trigger
   the plan's obligations under 29 U.S.C. Sec. 1025(a)(1); even if the
   section was technically violated, the district court did not abuse its
   discretion in declining to impose a penalty as there was no evidence of
   bad faith on the plan's part.