LOWRY v. BANKERS LIFE AND CAS. RETIREMENT PLAN

No. 88-1164.

871 F.2d 522 (1989)

Donald A. LOWRY, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY RETIREMENT PLAN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 28, 1989.


Attorney(s) appearing for the Case

Carl D. Adams, Boyd & Adams, Dallas, Tex., for plaintiff-appellant.

Stuart M. Reynolds, Jr., Jennifer Bolen-Almquist, Moore & Peterson, Dallas, Tex., for defendants-appellees.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.


(Opinion Feb. 17, 1989, 5th Cir.1989, 865 F.2d 692)

ON PETITION FOR REHEARING

PER CURIAM:

In his petition for rehearing, which we construe as a petition for panel rehearing, the appellant, Donald Lowry, argues that the Supreme Court's decision in Firestone Tire & Rubber Co. v. Bruch, ___ U.S. ___, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989), mandates a rehearing in this case. Bruch holds that courts...

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