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ESTATE OF ALTOBELLI v. INTERN. BUS. MACHINES CORP.

No. 94-1592.

77 F.3d 78 (1996)

ESTATE OF Thomas Angelo ALTOBELLI, Plaintiff-Appellee, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellant, and The Prudential Insurance Company of America, Defendant, and Helen V. Dietsch, formerly known as Helen V. Altobelli, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1996.

Attorney(s) appearing for the Case

ARGUED: John Mark Vine, Covington & Burling, Washington, D.C., for Appellant. Alan Barry Sternstein, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Maryland, for Appellee. ON BRIEF: Jeffrey G. Huvelle, Michael R. Bergmann, Covington & Burling, Washington, D.C., for Appellant.

Before WILKINSON, Chief Judge, and WIDENER and ERVIN, Circuit Judges.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge WIDENER joined. Chief Judge WILKINSON wrote a dissenting opinion.

OPINION

ERVIN, Circuit Judge:

International Business Machines Corporation ("IBM") appeals the award of benefits to the estate of a deceased employee under a plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461 (1988). We must determine whether an...

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