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MONTGOMERY v. LOWE

Civ. A. No. H-79-1268.

507 F.Supp. 618 (1981)

Gilbert MONTGOMERY v. M. David LOWE et al.

United States District Court, S. D. Texas, Houston Division.

January 30, 1981.

Attorney(s) appearing for the Case

Kenneth T. Fibich, Bonham, Carrington & Fox, Houston, Tex., for plaintiff.

George A. Rustay and Vincent L. Marino, Dow, Cogburn & Friedman, Houston, Tex., for defendants.

MEMORANDUM AND ORDER

CIRE, District Judge.

This case arises under 29 U.S.C. § 1132(a)(1)(b), which permits any participant in an ERISA plan, 29 U.S.C. § 1002(2), to recover benefits wrongfully withheld or to clarify rights to future benefits.

Plaintiff is a former employee of M. David Lowe Personnel Services and is seeking to recover, pursuant to the terms of the M. David Lowe Group Employees Profit Sharing Plan and Trust (hereinafter the...

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