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KRAL, INC. v. SOUTHWESTERN LIFE INS. CO.

No. 92-9049.

999 F.2d 101 (1993)

KRAL, INC., d/b/a Ed's Automatic Transmission Service, et al., Plaintiffs-Appellants, v. SOUTHWESTERN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 16, 1993.

Attorney(s) appearing for the Case

Rick K. Disney, Douglas, Kressler & Wester, Fort Worth, TX, for plaintiffs-appellants.

Charles Gene Barnett; Patrick Frank McManemin and J. Thomas Gilbert, McManemin & Smith, Dallas, TX, for defendant-appellee.

Before EMILIO M. GARZA, DeMOSS, Circuit Judges, and ZAGEL, District Judge.

DeMOSS, Circuit Judge:

I.

This is an appeal of a summary judgment granted in favor of Southwestern Life Insurance Co. (SWL). Kral sued SWL for breach of fiduciary duties in violation of 29 U.S.C., § 1109(a) (1985).

Plaintiffs include: (1) Ed's Automatic Transmission Service Defined Benefit Plan, a qualified defined benefit plan under the terms of ERISA (the Kral Plan); (2) Kral, Inc. d/b/a Ed's Automatic Transmission Service (Kral, Inc.), the...

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