DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

082230P.pdf   07/31/2009  Thomas Eisenrich  v.  Minneapolis Retail Meat
   U.S. Court of Appeals Case No:  08-2230
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge and
   Goldberg, Judge of the U.S. Court of International Trade]
Civil case - ERISA. District court did not err in finding that the defendant had wrongfully suspended plaintiff's monthly pension benefits as his new employment (distributing packaged baked goods) used different skills and was not in the same trade or craft as the meat cutter position from which he had retired; however, the court erred in awarding plaintiff attorneys' fees under ERISA because the Plan's position was not untenable, indefensible, overbroad or unwarranted.