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ABRAHAM v. EXXON CORP.

No. 95-30704.

85 F.3d 1126 (1996)

N. Mark ABRAHAM, Richard E. Ellis, William O. Flowers, Robert Giurintano and Billy J. Walker, Plaintiffs-Appellants, v. EXXON CORPORATION d/b/a Exxon Company USA, Benefit Plan of Exxon Corporation and Participating Affiliates, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 10, 1996.

Attorney(s) appearing for the Case

Michael Thomas Tusa, Jr., David E. Walker, Metairie, LA, Philip Bohrer, Ramsey, Koederitz & Bohrer, Baton Rouge, LA, for plaintiffs-appellants.

Howard Shapiro, Heather G. Magier, Taryn S. Southon, McCalla, Thompson, Pyburn, Hymowitz & Shapiro, New Orleans, LA, for defendants-appellees.

Douglas Bernard Neagli, Exxon Company USA, Houston, TX, for Exxon Corp.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Plaintiffs N. Mark Abraham and others (collectively "Abraham") appeal a summary judgment in favor of Exxon Corporation and the Benefit Plan of Exxon Corporation (collectively "Exxon") on their ERISA1 claims. We affirm in part and vacate and remand in part.

I.

The plaintiffs are "leased" or "special agreement" employees of Exxon who work at Exxon facilities. They are similar to ordinary Exxon...

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