Joseph Kipp Pitner v. Health

04-1254Court of Appeals for the Fourth CircuitDec 28, 2004

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1254
JOSEPH KIPP PITNER,
Plaintiff - Appellant,
versus
HEALTH AND WELFARE FUND FOR THE INTERNATIONAL
UNION OF OPERATING ENGINEERS LOCAL 99 AND 99A,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(CA-02-2385-AW)
Submitted: October 1, 2004 Decided: December 28, 2004
Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis Fireison, Darin L. Rumer, LOUIS FIREISON & ASSOCIATES, PA,
Bethesda, Maryland, for Appellant. Kelly J. Davidson, David L.
Cole, Jr., OBER, KALER, GRIMES & SHRIVER, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Joseph Kipp Pitner appeals the district court’s order
dismissing his civil action governed by the Employee Retirement
Income Security Act of 1974, as amended. We have reviewed the
record, the parties’ briefs, and the district court’s opinion and
find no reversible error. Accordingly, we affirm for the reasons
stated by the district court. See Pitner v. Health & Welfare Fund
for Int’l Union of Operating Engr’s Local 99 & 99A, No.
CA-02-2385-AW (D. Md. Jan. 22, 2004). We grant Appellee’s motion
to submit the case on the briefs as the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED

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