HALL v. NATIONAL GYPSUM CO.

No. 95-31107.

105 F.3d 225 (1997)

Willie HALL, Plaintiff-Appellee, v. NATIONAL GYPSUM CO., as Plan Administrator of the Pension Plan for Hourly-Paid Employees of the Gold Bond Products Division of National Gypsum Co. Located in New Orleans, La., # 667, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 1997.


Attorney(s) appearing for the Case

Meyer H. Gertler, Rodney Paul Vincent, Catherine Baroco Landry, Assoc, Atty., Gertler, Gertler & Vincent, New Orleans, LA, for plaintiff-appellee.

Stephen D. Libowsky, Tanya L. Curtis, Katten, Muchin & Zavis, Chicago, IL, Ralph R. Alexis, III, Porteous, Hainkel, Johnson & Sarpy, New Orleans, LA, for defendant-appellant.

Before REYNALDO G. GARZA, JOLLY and DeMOSS, Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

In a case presenting an unusual factual context, the National Gypsum Company appeals from a judgment ordering it, as the administrator of a pension plan, to pay disability benefits to an alleged plan participant and former employee, Willie Hall.1 For the reasons discussed below, we vacate the district court's judgment and remand the case with instructions.

I.

Willie Hall served as an...

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