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CLARK v. RESISTOFLEX CO., DIV. OF UNIDYNAMICS

No. 87-3611.

854 F.2d 762 (1988)

William L. CLARK, Plaintiff-Appellant, v. RESISTOFLEX COMPANY, A DIVISION OF UNIDYNAMICS CORPORATION and its successor Crane Resistoflex Company, a Division of Crane Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 14, 1988.

Attorney(s) appearing for the Case

G. Phillip Shuler, Dona J. Dew, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for plaintiff-appellant.

Andrew P. Burnside, Keith M. Pyburn, McCalla, Thompson, Pyburn & Ridley, New Orleans, La., Daniel A. Rizzi, Kenneth J. McCulloch, Kramer, Levin, Nessen, Kamin & Frankel, New York City, for defendant-appellee.

Before THORNBERRY, WILLIAMS, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Appellant William Clark, a former employee of appellee Resistoflex Company ("Resistoflex"), brought suit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., and under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132 et seq., alleging he had been discharged because of his age and because Resistoflex desired to prevent him from accruing enhanced benefits...

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