Dewey v. I T T Corp

UNITED STATES COURT OF APPEALS
For the Fifth Circuit

No. 97-30857
Summary Calendar

LINDA DEWEY,

Plaintiff-Appellant,

VERSUS

ITT CORPORATION; METROPOLITAN INSURANCE COMPANY,

Defendants-Appellees.

Appeal from the United States District Court
For the Western District of Louisiana
(96-CV-846)
March 13, 1998

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Linda Dewey ("Dewey") filed suit under 29 U.S.C. § 1132(A)

against ITT Corporation ("ITT"), her former employer, and against

Metropolitan Life Insurance Company, the administrator of the ITT

Long-Term Disability Plan for Salaried Employees created under the

*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001,

et seq. Such suit was originally filed on March 14, 1996, in the

state court for the Parish of Ouachita, State of Louisiana, but was

removed to the United States District Court for the Western

District of Louisiana. Such suit alleged that Dewey suffered

injuries in an accident in 1986 and that she applied for and began

receiving disability benefits under the Plan. Dewey continued to

receive disability benefits until December 4, 1995, when such

benefits were terminated following administrative review of the

initial decision to terminate. In June 1997, ITT and Metropolitan

filed a Motion for Summary Judgment and the district court entered

an Order on July 29, 1997, granting the Motion for Summary Judgment

and dismissing appellant’s claims with prejudice.

We have carefully reviewed the briefs, the record excerpts,

and relevant portions of the record itself. For the reasons stated

in the court’s Memorandum Ruling and Judgment filed July 28, 1997,

the district court concluded that the Plan administrator "did not

abuse its discretion in denying Mrs. Dewey’s claim." Accordingly,

the district court entered a Final Judgment in favor of ITT and

Metropolitan and dismissed Dewey’s claims with prejudice. From our

review of the record we are unable to say that the Plan

administrator abused its discretion or acted arbitrarily and

capriciously in denying Mrs. Dewey’s claim. Accordingly, the Final

Judgment entered herein under date of July 28, 1997, is

AFFIRMED.

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