James Marcum v. Retirement Plan for Hourly-Rated Employees of Noranda Aluminum, Inc.

United States Court of Appeals
For the Eighth Circuit
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No. 12-2547
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James Marcum
lllllllllllllllllllll Plaintiff - Appellant
v.
Retirement Plan for Hourly-Rated Employees of Noranda Aluminum, Inc.;
Noranda Aluminum, Inc.
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: January 18, 2013
Filed: January 31, 2013
[Unpublished]
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Before BYE, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.

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James Marcum appeals the district court’s adverse grant of summary judgment1
in his Employment Retirement Income Security Act lawsuit arising from the denial
of early retirement disability benefits. Upon de novo review, see Green v. Union Sec.
Ins. Co., 646 F.3d 1042, 1050 (8th Cir. 2011), we find no basis for overturning the
district court’s well-reasoned determination that the adverse decision on Marcum’s
benefits application did not amount to an abuse of discretion, see id. (affirmance is
warranted if the decision is reasonable, i.e., reasonable person could have reached
similar decision, given evidence before plan administrator when decision was made).
The district court is affirmed. See 8th Cir. R. 47B.
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The Honorable Jean C. Hamilton, United States District Judge for the Eastern1
District of Missouri.
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