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HERRING v. CAMPBELL

No. 11-40953.

690 F.3d 413 (2012)

Stephen Robert HERRING and Michael Herring, Plaintiffs-Appellees, v. Eileen M. CAMPBELL, as Plan Administrator of Marathon Oil Company Thrift Plan, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 7, 2012.

Attorney(s) appearing for the Case

Joe Wayne Newsom, Jr. (argued), Newsom Law Firm, Gilmer, TX, for Plaintiffs-Appellees.

Melissa M. Goodman (argued), Anne McGowan Johnson , Haynes & Boone, L.L.P., Dallas, TX, for Defendant-Appellant.

Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this ERISA benefits case, the plan administrator appeals the district court's judgment that a deceased plan participant's stepsons, rather than his siblings, are entitled to the deceased's benefits. We REVERSE.

I.

John Wayne Hunter passed away in October 2005. Hunter had retired from employment with Marathon Oil Company and was a participant in the Marathon Oil Company Thrift Plan, a pension plan governed...

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