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TENNECO INC. v. FIRST VIRGINIA BANK OF TIDEWATER

Nos. 82-1158, 82-1159.

698 F.2d 688 (1983)

TENNECO INC., Appellant, and Donald L. Sweeney, Plaintiff, v. FIRST VIRGINIA BANK OF TIDEWATER, Appellee. United States of America, Amicus Curiae. TENNECO INC., Plaintiff, and Donald L. Sweeney, Appellant, v. FIRST VIRGINIA BANK OF TIDEWATER, Appellee. UNITED STATES of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1983.

Attorney(s) appearing for the Case

Stephen B. Clarkson, Washington, D.C. (Mitchell H. Segal, Pierson, Ball & Dowd, Washington, D.C., Shannon T. Mason, Jr., Mason, Gibson & Cowardin, Newport News, Va., Patrick A. Nitsch, Houston, Tex., Tenneco Inc. on brief) and Richard W. Hudgins, Newport News, Va., for appellants.

S. Lawrence Dumville, Norfolk, Va. (Edward L. Breeden, III, Breeden, Howard & MacMillan, Norfolk, Va., on brief), for appellees.

Glen L. Archer, Jr., Asst. Atty. Gen., Washington, D.C., Elsie L. Munsell, U.S. Atty., Alexandria, Va., Michael L. Paup, Gary R. Allen, Michael J. Roach, Tax Div., Dept. of Justice, Washington, D.C., on brief, for the U.S. as amicus curiae.

Before BUTZNER, Circuit Judge, and HAYNSWORTH and FIELD, Senior Circuit Judges.

HAYNSWORTH, Senior Circuit Judge:

The question is whether an employee's interest in an ERISA thrift plan and stock ownership plan is subject to garnishment by a judgment creditor of the employee. Because in this instance the benefits are fully vested and payable in a lump sum upon request of the employee, the district court held that the benefits were subject to garnishment and denied the injunction which Tenneco, as trustee under the relevant trust agreements, had...

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