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974

OCTOBER TERM, 1991 November 18, 1991

502 U. S.

115 (1989), we reasoned that “the validity of a claim to benefits under an ERISA plan is likely to turn on the interpretation of terms in the plan” and therefore held that decisions of a plan administrator concerning eligibility for benefits ordinarily should be subject to de novo review. Since our decision in Bruch, a disagreement has developed in the Courts of Appeals concerning the standard of review to be applied when a benefits decision turns on the facts of the case, rather than the interpretation of the terms in the ERISA plan. The Third and Fourth Circuits have held that a decision of a plan administrator should be reviewed de novo. Luby v. Teamsters Health, Welfare, and Pension Trust Funds, 944 F. 2d 1176 (CA3 1991); Reinking v. Philadelphia American Life Ins. Co., 910 F. 2d 1210 (CA4 1990). See also Petrilli v. Drechsel, 910 F. 2d 1441 (CA7 1990) (dicta). However, in the present case, the Fifth Circuit ruled that an abuse of discretion standard should be applied. 932 F. 2d 1552 (1991). I would grant certiorari to resolve the conflict in the Courts of Appeals on this important issue. No. 91–503. Schultz v. Federal Communications Commission et al. C. A. D. C. Cir. Certiorari denied. Justice Thomas took no part in the consideration or decision of this petition. Reported below: 288 U. S. App. D. C. 403, 927 F. 2d 1258. No. 91–506. Environmental Defense Fund, Inc. v. Wheelabrator Technologies, Inc., et al. C. A. 2d Cir. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied. Reported below: 931 F. 2d 211. No. 91–512. Kamen v. Kemper Financial Services, Inc., et al. C. A. 7th Cir. Motion of respondent Kemper Financial Services, Inc., for damages and costs denied. Certiorari denied. Reported below: 939 F. 2d 458. No. 91–527. National Steel Corp. v. White et al. C. A. 4th Cir. Certiorari denied. Justice White would grant certiorari. Reported below: 938 F. 2d 474. No. 91–5977. Haugen v. Brady et al.; and Haugen v. Clark County, Nevada, et al. C. A. 9th Cir. Certiorari before judgment denied.