COUNTS v. KISSACK WATER AND OIL SERVICE, INC.

No. 92-8036.

986 F.2d 1322 (1993)

Dennis COUNTS, and Delores Counts, Plaintiffs-Appellants, v. KISSACK WATER AND OIL SERVICE, INC., Profit Sharing Plan, Claude Kissack, Representative; Kissack Water and Oil Service, Inc., Plan Administrator, Claude Kissack, President, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Order Denying Rehearing March 12, 1993.


Attorney(s) appearing for the Case

Dennis Counts and Delores Counts, pro se.

Haultain E. Corbett, of Lonabaugh and Riggs, Sheridan, WY, for defendants-appellees.

Before McKAY, Chief Judge, SEYMOUR, and KELLY, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Plaintiffs-appellants Dennis and Delores Counts appeal the district court's grant of summary judgment in favor of defendants-appellees Kissack Water and Oil Service, Inc., Profit Sharing Plan (Plan) and Kissack Water and Oil Service, Inc., Plan Administrator (Administrator), upholding the Administrator's refusal to pay Dennis Counts' retirement benefits in a lump sum payment. Because we find that the Plan was improperly amended to eliminate...

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