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TEXAS HEALTH ENTERPRISES, INC. v. REECE

No. 94-50151 Summary Calendar.

44 F.3d 243 (1994)

TEXAS HEALTH ENTERPRISES, INC., as Administrator of the Texas Health Enterprises, Inc. Employee Injury Benefit Plan, Plaintiff-Appellant, v. Sheila Dianne REECE, etc., et al., Defendants, Sheila Dianne Reece, Individually and as Representatives of the Class of others Similarly Situated, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied February 1, 1995.

Attorney(s) appearing for the Case

Stephen Greenberg, Small, Craig & Werkenthin, Austin, TX, Richard Andrew Bonner, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, P.C., Odessa, TX, for appellant.

Norman Wayne Darwin, Norman Darwin & Associates, Fort Worth, TX, for Simmons.

R. Sandy Torres, Torres & Torres, Midland, TX, for Gibbins.

Barry Lynn Hart, Odessa, TX, for Reece, Vuelvas and Wood.

Jacqueline Granger, pro se.

Dean Spurlock, Sharpe & Spurlock, Fort Worth, TX, for Robert W. Spracklen.

John M. Hohengarten, Atty. Gen., Austin, TX, for amicus curiae State of Tex.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 1, 1995.

PER CURIAM.

Texas Health Enterprises, Inc. ("THE"), the administrator of the Texas Health Enterprises, Inc. Employee Injury Benefit Plan (the "Plan"), appeals the district court's denial of relief in THE's action, brought under 29 U.S.C. § 1132, to obtain compliance with the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq., and with...

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