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SIMMONS v. WILLCOX

Nos. 90-1030, 90-1426. Summary Calendar.

911 F.2d 1077 (1990)

Kay K. SIMMONS, Plaintiff-Appellant, v. Stephen F. WILLCOX, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 30, 1990.

Attorney(s) appearing for the Case

Patrick C. Frank, The Fielder Firm, Dallas, Tex., for plaintiff-appellant.

William C. Strock, Dean J. Schaner, Haynes & Boone, Dallas, Tex., for Willcox and American Lung Ass'n of Dallas.

Before GEE, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Plaintiff Kay K. Simmons appeals from a summary judgment dismissing her various claims under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, on the grounds that she had not pursued available administrative remedies before resorting to litigation and had not demonstrated that the defendants terminated her with the specific intent to deprive her...

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