FLYNN v. AETNA CASUALTY & SURETY CO.

No. 82-1180.

698 F.2d 758 (1983)

Mr. and Mrs. Donald P. FLYNN, Plaintiffs-Appellants-Appellees, v. AETNA CASUALTY & SURETY CO. and the United States of America, Intervenors-Appellees-Appellants, v. SAVINGS & PROFIT SHARING PLAN FOR the EMPLOYEES OF REPUBLIC OF TEXAS CORP. and its Participating Affiliates, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 22, 1983.


Attorney(s) appearing for the Case

Kelly D. McGehee, Dallas, Tex., Robert D. Conkel, Richardson, Tex., for Flynn.

Thompson, Knight, Simmons & Bullion, David R. McAtee, Dallas, Tex., for Sav. & Profit, et al.

James A. Williams, Dallas, Tex., for Aetna Cas., intervenor.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Wynette J. Hewett, John A. Dudeck, Jr., Attys., Tax Div., Dept. of Justice, Washington, D.C., for U.S., intervenor.

Before WISDOM, RUBIN and TATE, Circuit Judges.


TATE, Circuit Judge:

The plaintiffs, a former bank employee and his spouse, seek to compel payment under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. (1974), of certain pension benefits allegedly due them by the defendants, the employer's profit sharing and retirement plans. The central issue of the litigation is presented by the plaintiffs' claim that ERISA forbids forfeiture...

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