BIRDSONG v. OLSON

Civ. A. Nos. A-88-CA-185, A-88-CA-186 and A-88-CA-239.

708 F.Supp. 792 (1989)

John R. BIRDSONG, et al., Plaintiffs, v. Lyndon OLSON, Jr., James L. Nelson, and David H. Thornberry, as Commissioners of the Texas State Board of Insurance; Ann Richards, as State Treasurer of Texas; and Jim Mattox, as Attorney General of Texas, Defendants. AMERICAN AIRLINES, INC., et al., Plaintiffs, v. Doyce R. LEE, Commissioner of the Texas State Board of Insurance, Defendant. Dan HARDING, as Plan Administrator of the Texas Children's Hospital Health and Dental Plan, Texas Children's Hospital, as the Sponsoring Employer and as a Fiduciary of the Mentioned Plan; Mark Hansen, as a Participant In the Mentioned Plan, Plaintiffs, v. Edwin J. SMITH, Jr., James L. Nelson, and David H. Thornberry, as Commissioners of the Texas State Board of Insurance; Ann Richards, as State Treasurer of Texas; and Jim Mattox, as Attorney General of Texas, Defendants.

United States District Court, W.D. Texas, Austin Division.

February 28, 1989.


Attorney(s) appearing for the Case

Harry M. Reasoner, W. Carl Jordan, Gary P. Amaon, Brian R. Bloom, Vinson & Elkins, Houston, Tex., for plaintiffs John R. Birdsong, James R. Flow, Karen S. Stuart, Jack R. Skinner, Kay McInnish, Joseph M. Stevens, as trustees of the Halliburton Co. Employees' Trust.

Harry M. Reasoner, W. Carl Jordan, Gary P. Amaon, Brian R. Bloom, Vinson & Elkins, Houston, Tex., for plaintiffs Clell C. Young, T. M. McCallum, Larry Bennett, along with other named plaintiffs, as members of various of the administrative committees of the Halliburton Medical and Dental Plans, the Halliburton Co. Retiree Medical Plan and the Brown & Root Group Health Plan.

Harry M. Reasoner, W. Carl Jordan, Gary P. Amaon, Brian R. Bloom, Vinson & Elkins, Houston, Tex., for plaintiffs Halliburton Co., Brown & Root, Inc., Otis Engineering Corporation, Highlands Ins. Co., Life Ins. Co. of the Southwest, Jet Research Corp., Howard Smith Screen Co., as sponsoring employers and fiduciaries of the mentioned plans.

Harry M. Reasoner, W. Carl Jordan, Gary P. Amaon, Brian R. Bloom, Vinson & Elkins, Houston, Tex., for Susan Keith, Christopher D. Thompson, Harry P. Hutchens, as participants in the mentioned plans.

Harry M. Reasoner, W. Carl Jordan, Gary P. Amaon, Vinson & Elkins, Houston, Tex., Richard D. Milvenan, Vinson & Elkins, Austin, Tex., for Dan Harding, as Plan Adm'r of the Texas Children's Hosp. Health and Dental Plan, Texas Children's Hosp., as the Sponsoring Employer and as a Fiduciary of the Mentioned Plan, Mark Hansen, as a Participant in the Mentioned Plan.

Marianne S. Dwight, Donald G. Barlow, Atty. Gen.'s Office, Austin, Tex., for defendant Edwin J. Smith, Jr. (defendant Edwin J. Smith, Jr. was substituted in for Lyndon Olson, Jr. before the Court rendered its opinion), as com'rs of the Texas State Bd. of Ins.

Sammie K. Glasco, Marianne S. Dwight, Donald G. Barlow, Texas Atty. Gen.'s Office, Austin, Tex., for defendants James L. Nelson, David H. Thornberry, Doyce R. Lee, as com'rs of the Texas State Bd. of Ins.

Sammie K. Glasco, Marianne S. Dwight, Texas Atty. Gen.'s Office, Austin, Tex., for defendant Ann Richards, as State Treasurer of Texas.

Sammie K. Glasco, Marianne S. Dwight, Texas Atty. Gen.'s Office, Austin, Tex., for defendant Jim Mattox, as Atty. Gen. of Texas.

Richard W. Alexander, Johnson & Swanson, Austin, Tex., Carl L. Taylor, Carol A. De Deo, Johnson & Swanson, Washington, D.C., William B. McClure, Jr., Sherri Turner Alexander, Johnson & Swanson, Dallas, Tex., for plaintiffs American Airlines, Inc., Atlantic Richfield Co., Austin Industries, Inc., Compaq Computer Corp., Exxon Corp., GTE Products Corporation, on behalf of itself and its affiliates GTE Communication Systems Corp., GTE Data Services Inc., GTE Directories Corp., GTE Leasing Corp., GTE Mobilnet Service Corp., GTE Service Corp., GTE Southwest Inc., Incarnate Word Health Services, Pennzoil Co., Recognition Equipment Inc., Southland Corp., Southwestern Bell Corp. on behalf of itself and its subsidiaries Southwestern Bell Corp., Southwestern Bell Mobile Systems, Inc., Southwestern Bell Publications, Inc., Southwestern Bell Telecommunications, Inc., Southwestern Bell Telephone Co., Metromedia Paging Services, Inc., Tenneco Management Co., Tennessee Gas Pipeline Co., Texas Instruments Inc.


ORDER

NOWLIN, District Judge.

Before the Court are the following Motions for Summary Judgment filed prior to consolidation of these twelve cases: (1) Plaintiffs' May 6, 1988 Motion for Summary Judgment filed in American Airlines, Inc., et al. v. Doyce R. Lee, Cause No. A-88-CA-186; (2) Plaintiffs' May 31, 1988 Motion for Summary Judgment filed in John R. Birdsong, et al. v. Edwin J. Smith, Jr., et al., Cause No. A-88-CA-185; and (3) Plaintiffs...

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