TEXAS FRUIT PALACE, INC.

v.

STEGER, JUDGE, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS, ET AL.

Citator

Cited By

• Wildbur v. Arco Chem. Co., 974 F.2d 631 (5th Cir. 1992)
  …cial review of trustees’ decisions ... — more penetrating the greater is the suspicion of partiality, less penetrating the smaller that suspicion is Lowry v. Bankers Life & Casualty Retirement Plan, 871 F. 2d 522, 525 n. 6 (5th Cir.), cert. denied, 493 U.S. 852, 110 S.Ct. 152, 107 L.Ed.2d 111 (1989). Consistent with this analysis, the Eleventh Circuit has observed that “a wrong but apparently reasonable interpretation is arbitrary and capricious if it advances the conflicting interest of the fiduciary at t…

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• Elder v. R.D. Holloway, 975 F.2d 1388 (9th Cir. 1991)
  …law was clearly established that the arrest constructively occurred inside rather than outside his house, as he did in the district, court— Holeman, Morse, and Scroggins — and also relies on Duncan v. Storie, 869 F. 2d 1100 (8th Cir.), cert. denied, 493 U.S. 852, 110 S.Ct. 152, 107 L.Ed.2d 110 (1989). Duncan post-dates the incident and is therefore not material; it does, however, cite to United States v. Al-Azzawy, 784 F. 2d 890 (9th Cir.1985), cert. denied, 476 U.S. 1144, 106 S.Ct. 2255, 90 L.Ed.2d 700 (19…
• Salley v. E.I. DuPONT de Nemours & Co., 966 F.2d 1011 (5th Cir. 1992)
  …r interpretation of policy, and for coordination of administration.” Similar language has led this Court to apply the abuse of discretion standard. See, Lowry v. Bankers Life and Casualty Retirement Plan, 871 F. 2d 522, 524 (5th Cir.), cert. denied, 493 U.S. 852, 110 S.Ct. 152, 107 L.Ed.2d 111 (1989) (granting the Plan Committee the power to “interpret and construe” the plan was sufficient to apply the abuse of discretion standard); Batchelor v. Int’l Brotherhood of Electrical Workers Local 861 Pension and…