Oster v. Barco Of California Employees' Retirement Plan

859 F.2d 1345 Sam OSTER, Plaintiff-Appellant, v. BARCO OF CALIFORNIA EMPLOYEES' RETIREMENT PLAN: Managing Committee of the Barco of California Employees' Retirement Plan; Barco of California; Michael Ferguson, Defendants-Appellees. No. 86-5696. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1987. Decided Oct. 11, 1988. Ronald Dean, Pacific Palisades, Cal., for plaintiff-appellant. Jay R. Ziegler, Buchalter, Nemer, Fields, Chrystie & Younger, Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before NELSON, HALL and THOMPSON, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 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…