Peifer v. Bellsouth Telecom

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 95-30246 DONALD P. PEIFER, Plaintiff-Appellant, versus BELLSOUTH TELECOMMUNICATIONS, INC., and BELLSOUTH TELECOMMUNICATIONS, INC., THE SICKNESS & ACCIDENT DISABILITY BENEFIT PLAN, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Louisiana (94-CV-2888-R) December 8, 1995 Before JOLLY, DUHÉ and WIENER, Circuit Judges PER CURIAM:* Plaintiff-Appellant Donald P. Peifer appeals the district court's grant of summary judgment in favor of Defendants-Appellees based on a determination that they had correctly interpreted the subject employee benefit plans and had not abused their discretion in discontinuing total disability payments to Peifer. We have * Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. reviewed de novo the facts of this case in light of the legal arguments proffered by able counsel for the parties, both in their briefs and in their oral argument to this court, and are satisfied from our review that the district court's grant of summary judgment should be, and therefore is, AFFIRMED. 2