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HOCKETT v. SUN CO., INC., (R&M)

Nos. 95-5252, 95-5255.

109 F.3d 1515 (1997)

Paul E. HOCKETT, Plaintiff-Appellee and Cross-Appellant, v. SUN COMPANY, INC., (R&M); Sun Company, Inc., Retirement Plan, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

March 24, 1997.

Attorney(s) appearing for the Case

Steven A. Broussard (Claire V. Eagan and J. Patrick Cremin with him on the briefs), Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, for Defendants-Appellants/Cross-Appellees.

Frederic N. Schneider, III (John A. Burkhardt with him on the briefs), Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK, for Plaintiff-Appellee/Cross-Appellant.

Before SEYMOUR, Chief Judge, ANDERSON, and TACHA, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Less than two months after Plaintiff Paul E. Hockett retired from his career with Sun Refining and Marketing Company ("Sun R & M"), Sun R & M's parent corporation, Sun Company, Inc., announced a new early retirement plan that would have benefited him had he delayed his retirement. Hockett sued Defendants Sun Company, Inc., and the Sun Company, Inc, Retirement Plan, alleging breach of fiduciary duty under the Employee Retirement...

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