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HERBERGER v. SHANBAUM

No. 89-1493.

897 F.2d 801 (1990)

Roy A. HERBERGER, Trustee for the Lee Optical and Associated Companies Pension Plan Trust, Plaintiff-Appellee, v. Theodore SHANBAUM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1990.

Attorney(s) appearing for the Case

Joe B. Abbey, Law Offices of Joe B. Abbey, Dallas, Tex., for defendant-appellant.

Patricia M. Reed, Richard A. Dean, Arter & Hadden, Dallas, Tex., for plaintiff-appellee.

Before GOLDBERG, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Theodore Shanbaum (Shanbaum) appeals the district court's holding that Roy Herberger (Herberger), the trustee of Shanbaum's pension plan, may offset an amount Shanbaum owes to the plan against Shanbaum's monthly pension benefits. We reverse.

I.

Shanbaum, along with Ellis Carp and Glen Auerbach, were the three principal shareholders of Lee Optical, Inc. (Lee Optical). All three served as charter trustees of the Lee...

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