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BOREN v. SOUTHWESTERN BELL TELEPHONE CO., INC.

No. 89-3119.

933 F.2d 891 (1991)

Melvin BOREN, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, INC.; Southwestern Bell Corporation General Employees Benefit Committee; and Southwestern Bell Telephone Company Plan for Employees' Pensions, Disability Benefits and Death Benefits, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 20, 1991.

Attorney(s) appearing for the Case

Clifford L. Bertholf, Wichita, Kan., for plaintiff-appellant.

Ruth A. Sears, Topeka, Kan. (Lawrence A. Dimmitt, Topeka, Kan., and Charles P. Efflandt of Foulston & Siefkin, Wichita, Kan., with her on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, McWILLIAMS and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The appellant, Melvin Boren, filed this suit claiming retirement benefits from the appellees, Southwestern Bell Telephone Company and Southwestern Bell Telephone Company Plan for Employees' Pensions, Disability Benefits and Death Benefits ("the Plan"). Mr. Boren brought a claim under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (1988), as well as a contract claim and a tort claim. The district court granted...

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