McDonough v. Lever Bros. Co.

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sheila MCDONOUGH, Plaintiff-Appellee, v. LEVER BROTHERS COMPANY; Retirement Plan for "Four-Plant Employees of the Lever Brothers Company," the Benefits Administration Committee for the Retirement Plan for "Four Plant" Employees for the Lever Brothers and Irving Trust Company, Defendants-Appellants. No. 92-56035. United States Court of Appeals, Ninth Circuit. Submitted Feb. 3, 1994. * Decided March 29, 1994. Before: SNEED, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 This controversy began when the employee, Sheila McDonough, applied to her employer for disability benefits and was denied them by the benefits plan administrator. Following this denial, McDonough unsuccessfully brought an ERISA action in district court. On appeal, we reversed and remanded to the administrator, who again denied benefits. In a second ERISA action, the district court decided in McDonough's favor. Her employer, Lever Brothers…