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AVERHART v. US WEST MANAGEMENT PENSION PLAN

Nos. 92-1317, 92-1321 and 92-1375.

46 F.3d 1480 (1994)

Jesse M. AVERHART, Plaintiff-Appellant, v. US WEST MANAGEMENT PENSION PLAN, Defendant-Appellee. Joan M. SANDQUIST, and Theodore C. Sandquist, Plaintiffs-Appellants, v. US WEST MANAGEMENT PENSION PLAN, and John G. Shea, Defendants-Appellees. Martha J. SABELL, Jack G. Laird, Gerald Wuerker, and H. Vern White, Plaintiffs-Appellants, v. US WEST MANAGEMENT PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Order Denying Rehearing February 21, 1995.

Attorney(s) appearing for the Case

Timothy J. Parsons (David B. Seserman and Dean C. Heizer, with him on the brief) of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, CO, for plaintiffs-appellants.

D. Ward Kallstrom of Lillick & Charles, San Francisco, CA (Richard A. Belfanti of Lillick & Charles, San Francisco, CA, Dirk W. de Roos, Denver, CO, and Leon Marks of US WEST, Inc., with him on the brief), for defendant-appelleee US WEST Management Pension Plan.

Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.

HOLLOWAY, Circuit Judge.

The plaintiffs/appellants in Averhart v. US WEST Management Pension Plan, No. 92-1317, Sandquist, et al. v. US WEST Management Pension Plan and John G. Shea, No. 92-1321, and Sabell, et al. v. US WEST Management Pension Plan, No. 92-1375, appeal from summary judgments in favor of defendants/appellees US WEST Management Pension Plan (the Pension Plan) and John G. Shea. We decide...

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