TULLEY v. ETHYL CORP.

No. 88-3071.

861 F.2d 120 (1988)

Elizabeth R. TULLEY, Plaintiff-Appellee, v. ETHYL CORPORATION and the Retirement Income Plan for the Employees of Ethyl Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 2, 1988.


Attorney(s) appearing for the Case

J.G. Ritter, II, Richmond, Va., R. Patrick Vance, Elizabeth J. Futrell, New Orleans, La., Mark S. Dray, Richmond, Va., for defendants-appellants.

Roger M. Fritchie, Baton Rouge, La., for plaintiff-appellee.

Before RUBIN, HIGGINBOTHAM, and THORNBERRY, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The parties dispute the amount of death benefits owed a surviving spouse under an employer's pre-retirement death benefits plan, and whether that plan is in compliance with the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1055. We find that the employer miscalculated the benefits due to the surviving spouse under the plan, and hold that the plan, as it should have been applied, satisfies the requirements...

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