Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

3-30-2005 Lacko v. Brennan Precedential or Non-Precedential: Non-Precedential Docket No. 04-1279

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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 04-1279

JAMES E. LACKO, Appellant v. JOSEPH P. BRENNAN; B.V. HYLER; MARTY D. HUDSON; MICHAEL H. HOLLAND, in their capacity as trustees of the United Mine Workers of America 1974 Pension Trust; UNITED MINE WORKERS OF AMERICA 1974 PENSION PLAN AND TRUST

Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 03-cv-00985) District Judge: Honorable Arthur J. Schwab

Submitted Under Third Circuit LAR 34.1(a) March 10, 2005

Before: SCIRICA, Chief Judge, ROTH and AMBRO, Circuit Judges (Opinion filed: March 30, 2005)

OPINION AMBRO, Circuit Judge James Lacko appeals from the District Court’s grant of summary judgment, which upheld the decision of an arbitrator denying Lacko a certain type of pension benefit, in favor of the Trustees of the United Mine Workers of America 1974 Pension Plan. For the reasons stated in the arbitrator’s excellent decision in every respect (depth, organization, and rationale), we affirm the District Court’s determination.