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STOBNICKI v. TEXTRON, INC.

No. 88-1047 Summary Calendar.

868 F.2d 1460 (1989)

Eddie B. STOBNICKI, Plaintiff-Appellant, v. TEXTRON, INC., et al., Defendants, Rita Chiapciak, Individually and as Executrix of the Estate of Chester Stobnicki, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1989.

Attorney(s) appearing for the Case

John A. Spinuzzi, Denton, Tex., for plaintiff-appellant.

Thomas Herter, Edward Heller, Houston, Tex., for R. Chiapciak.

Before GEE, HIGGINBOTHAM, and DUHE, Circuit Judges.

GEE, Circuit Judge:

Background

Eddie B. Stobnicki appeals a district court judgment holding that settlement is not possible in contested beneficiary cases to which ERISA applies because of the anti-alienation provisions of that statute, 29 U.S.C. § 1056(d)(1) and of the Internal Revenue Code, 26 U.S.C. § 401(a)(13). We reverse and reinstate the settlement agreement of the parties.

Facts

This cause of action arose...

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