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WOOLSEY v. MARION LABORATORIES, INC.

No. 90-6011.

934 F.2d 1452 (1991)

Jim L. WOOLSEY, Plaintiff-Appellant, v. MARION LABORATORIES, INC.; Marion Laboratories, Inc., Profit Sharing Plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 4, 1991.

Attorney(s) appearing for the Case

Steven M. Angel, Oklahoma City, Okl., for plaintiff-appellant.

Keith M. Pyburn, Jr. of McCalla, Thompson, Pyburn & Ridley, New Orleans, La., (Howard Shapiro and Heather G. Magier of McCalla, Thompson, Pyburn & Ridley, New Orleans, La., and Page Dobson of Holloway, Dobson, Hudson and Bachman, Oklahoma City, Okl., with him on the briefs), for defendants-appellees.

Before McKAY, ANDERSON, Circuit Judges, and BROWN, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Jim L. Woolsey brought this action in district court against Marion Laboratories, Inc. ("Marion") and the Marion Laboratories, Inc. Profit Sharing Plan (the "Plan"), (collectively referred to as "defendants"), claiming that the form in which the Plan distributed his vested benefits violated 29 U.S.C. §§ 1132 and 1140, part of the Employee Retirement Income Security Act ("ERISA"). On appeal, Woolsey, first, seeks reversal...

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