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DOWNIE v. INDEPENDENT DRIVERS ASS'N PENSION PLAN

No. 90-1119.

945 F.2d 1171 (1991)

Merlin DOWNIE, Plaintiff-Appellant, v. INDEPENDENT DRIVERS ASSOCIATION PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 2, 1991.

Attorney(s) appearing for the Case

Timothy J. Parsons and David B. Seserman of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colo., on the briefs, for plaintiff-appellant.

James C. Ruh of Jensen Byrne Parsons Ruh & Tilton P.C., Denver, Colo., on the briefs, for defendant-appellee.

Before MOORE, SETH and ANDERSON, Circuit Judges.

ORDER ON RESPONSE TO REMAND

JOHN P. MOORE, Circuit Judge.

This matter is now before us upon the district court's response to our order of remand. The parties have filed with us their briefs upon the findings and conclusion expressed in the district court's response. Upon the modifications to its judgment as set forth in the response, we now affirm.

It was our sense upon remand that to the extent Mr. Downie was required by the district court's judgment...

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