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HIGHTOWER v. TEXAS HOSP. ASS'N

No. 94-40728.

73 F.3d 43 (1996)

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.

January 3, 1996.

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.

ON PETITION FOR REHEARING

(Opinion September 28, 1995, 5th Circuit, 1995, 65 F.3d 443)

ORDER

In their petition for rehearing, appellees have raised a number of arguments that they did not make to this court in their original appellate briefs. Specifically, they contend that if the scope of Title I and Title IV of ERISA are not construed consistently with regard to governmental plans that have, as here, been transferred...

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