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SHANBAUM v. U.S.

No. 94-10199 Summary Calendar.

32 F.3d 180 (1994)

Theodore SHANBAUM, Plaintiff-Appellant, v. UNITED STATES of America and the Pension Benefit Guaranty Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 16, 1994.

Attorney(s) appearing for the Case

Joe B. Abbey, Dallas, TX, for appellant.

Nancy S. Heermans and Ralph L. Landy, Washington, DC, for Pension Benefit Guar. Corp.

Paul E. Coggins, U.S. Atty., Dallas, TX, Gary R. Allen, Chief, Billie L. Crowe, and Ann B. Durney, Attys., Appellate Section, Tax Div., U.S. Dept. of Justice, Washington, DC, for the U.S.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:

Theodore Shanbaum appeals the district court's dismissal of his suit against both the United States and the Pension Benefit Guaranty Corporation ("PBGC"). We affirm the decision of the lower court.

I.

Theodore Shanbaum is a beneficiary of the Lee Optical and Associated Companies Pension Plan ("the Plan"), a qualified pension plan under the Employment Retirement Income Security Act ("ERISA"). Shanbaum retired in 1978 and began receiving...

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