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HICKS v. FLEMING COMPANIES, INC.

No. 91-2203.

961 F.2d 537 (1992)

Johnny HICKS, Plaintiff-Appellant, v. FLEMING COMPANIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 27, 1992.

Attorney(s) appearing for the Case

Sharon D. Groth, Katherine L. Moore, Waterman, Groth, Forney & Moore, Houston, Tex., for plaintiff-appellant.

Carla Bennett, James L. Gascoyne, Houston, Tex., for defendants-appellees.

Before POLITZ, Chief Judge, REYNALDO G. GARZA and WIENER, Circuit Judges.

WIENER, Circuit Judge:

We are here presented with this court's first opportunity to consider the appropriate test for determining when a document constitutes a summary plan description (SPD) for purposes of the Employment Retirement Income Security Act (ERISA).1 We hold that a document does so if it contains all or substantially all categories of information required under 29 U.S.C. § 1022 and Department of Labor (DOL) regulations...

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