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McCLURE v. ZOECON, INC.

No. 90-1489.

936 F.2d 777 (1991)

William L. McCLURE, Jr., Plaintiff-Appellant, v. ZOECON, INC., f/k/a Zoecon Industries, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 11, 1991.

Attorney(s) appearing for the Case

Peter K. Woody, Springfield, Ill., for plaintiff-appellant.

Mary B. Spector, Randall R. Kucera, Kathleen L. Maloney, Akin, Gump, Strauss, Hauer & Feld, Dallas, Tex., for defendant-appellee.

Before THORNBERRY, JOLLY and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Exactly four years to the day after Zoecon fired William McClure, McClure brought suit against his erstwhile employer, alleging that Zoecon had terminated him in order to forestall his receipt of medical and disability benefits, a violation of ERISA § 510, 29 U.S.C. § 1140.1 The United States District Court for the Northern District of Texas summarily dismissed the suit as time-barred by the two...

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