DENTON v. FIRST NAT. BANK OF WACO, TEXAS

No. 84-1760.

765 F.2d 1295 (1985)

Jack D. DENTON, Plaintiff-Appellee, v. FIRST NATIONAL BANK OF WACO, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 28, 1985.


Attorney(s) appearing for the Case

Hughes & Luce, M. David Bryant, Jr., James D. McCarthy, Dallas, Tex., for defendant-appellant.

Vance Dunnam, W.V. Dunnam, Waco, Tex., for plaintiff-appellee.

Before BROWN, POLITZ, and JOLLY, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 28, 1985.

JOHN R. BROWN, Circuit Judge:

Prologue

The issue before us in this ERISA case is whether the district court erred in ordering the trustees of a Bank's retirement plan1 to make a lump sum payment to a long-term employee who left to work for a competing bank. The district court ordered such a lump sum payment — despite the employee's failure to pursue...

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