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HUNT v. HAWTHORNE ASSOCIATES, INC.

No. 95-2078.

119 F.3d 888 (1997)

Harry L. HUNT, Plaintiff-Appellee, Cross-Appellant, v. HAWTHORNE ASSOCIATES, INC., Defendant, Eastern Air Lines Variable Benefit Retirement Plan for Pilots; Trust Administrative Committee of the Eastern Airlines Variable Benefit Retirement Plan for Pilots, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 5, 1997.

Attorney(s) appearing for the Case

John H. Pelzer, Shari J. Ronkin, Ft. Lauderdale, FL, for Plaintiff-Appellee, Cross-Appellant.

Mary E. Martin, Albert C. Penson, Tallahassee, FL, for Defendants-Appellants, Cross-Appellees.

Before TJOFLAT and COX, Circuit Judges, and CLARK, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

Harry L. Hunt is a retired Eastern Air Lines ("Eastern") pilot seeking to recover a lump-sum retirement benefit under the Eastern Air Lines Variable Benefit Retirement Plan for Pilots (the "Plan").1 Eastern, the Plan's administrator, which is a debtor before the Bankruptcy Court for the Southern District of New York, has refused to pay the benefit because the Plan has been amended, with the approval of the bankruptcy...

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