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HIGHTOWER v. TEXAS HOSP. ASS'N

No. 94-40728.

65 F.3d 443 (1995)

Virginia HIGHTOWER, et al., Plaintiffs-Appellees, v. TEXAS HOSPITAL ASSOCIATION, et al., Defendants, Memorial Hospital Foundation of Palestine, Inc., dba Memorial Hospital, Anderson County Memorial Hospital Retirement Plan, aka The Texas Association Retirement Plan for Member Hospitals—Anderson County Memorial Hospital, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 28, 1995.

Attorney(s) appearing for the Case

Deborah G. Hankinson, William L. Banowsky, Sharon M. Fountain, Alison Roseman, Thompson & Knight, Dallas, TX, for Memorial Hosp.

Cecil A. Ray, Jr., Dallas, TX, Kirk P. Watson, Whitehurst, Harkness & Watson, P.C., Austin, TX, for Hightower, et al.

Before DAVIS and JONES, Circuit Judges, and COBB, District Judge.

PER CURIAM:

Employees of Anderson County Memorial Hospital brought suit as class-member plaintiffs against Memorial Hospital Foundation of Palestine, Inc. to recoup approximately $750,000 of surplus funds created by the Foundation's termination of the Anderson County Memorial Hospital Retirement Plan. The district court granted partial summary judgment for the Employees on the grounds that the Foundation maintained the Plan...

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