HOLLOWAY v. HECI EXPLOR. CO. EMP. P. SHARING PLAN

Civ. A. No. CA3-86-2648-D.

76 B.R. 563 (1987)

Pat S. HOLLOWAY, Plaintiff-Appellee, v. HECI EXPLORATION COMPANY EMPLOYEES' PROFIT SHARING PLAN, Defendant-Appellant.

United States District Court, N.D. Texas, Dallas Division.

August 10, 1987.


Attorney(s) appearing for the Case

Marshall Simmons, Dallas, Tex. and Pat S. Holloway, Giddings, Tex., for plaintiff-appellee.

Robert L. Yeager of Stigall & Maxfield, Dallas, Tex., for defendant-appellant.


OPINION

FITZWATER, District Judge.

This appeal challenges the bankruptcy court's authority to determine an action to recover benefits from a qualified ERISA profit sharing plan established pre-petition by a title 11 debtor and challenges the bankruptcy court's judgment that plaintiff-appellee did not waive his right to participate in the plan. The court concludes that the bankruptcy court had the authority to enter a final judgment because appellant effectively...

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