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McMILLAN v. PARROTT

No. 89-6111.

913 F.2d 310 (1990)

Gary L. McMILLAN, Plan Administrator and Trustee for the Parrott & McMillan, P.S.C., Money Purchase Pension Plan & Parrott & McMillan, P.S.C., Profit Sharing Plan, Plaintiff-Appellee, v. Barbara PARROTT, Defendant-Appellant, Claudia Parrott; Tim Futrell and Paducah Bank & Trust Company, Co-Administrators of the Estate of Norman A. Parrott; Christopher Parrott; Terry Parrott; Scott Parrott; and Stephen Parrott, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1990.

Order on Grant of Rehearing October 26, 1990.

Attorney(s) appearing for the Case

Gary B. Houston, Randy L. Treece, Whitlow, Roberts, Houston & Russell, Paducah, Ky., for plaintiff-appellee.

John T. Reed (argued), Paducah, Ky., J. Ronald Jackson, Jackson & Jackson, Paducah, Ky., Hoyt O. Samples (argued), Samples & Jennings, Chattanooga, Tenn., for defendants-appellees.

Before KEITH and GUY, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This appeal involves a dispute between Barbara Parrott, the former wife of Dr. Norman Parrott; Claudia Parrott, who is his widow; his children from yet another marriage; and his estate for the proceeds of two vested ERISA plans.

Dr. Parrott died on August 12, 1986, less than 24 hours after his marriage to Claudia, his third wife. Dr. Parrott was a participant in the Parrott & McMillan, P.S.C., Money Purchase Pension...

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