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DURAN v. RESDOOR CO., INC.

No. 02-97-120-CV.

977 S.W.2d 690 (1998)

Celso DURAN, Appellant, v. RESDOOR COMPANY, INC. and R.E. Sweeney Company, Inc., Administrators and/or Sponsors of the R.E. Sweeney Company Benefit Plan, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 23, 1998.

Attorney(s) appearing for the Case

Bernard A. Guerrini, Berbard A. Guerrini, P.C., Dallas, for Appellant.

H. David Flowers, Mack Ed Swindle, Thomas F. Harkins, Jr., Michener Larimore Swindle, Whitaker Flowers Sawyer, Reynolds & Chalk, L.L.P., Fort Worth, for Appellees.

Before DAUPHINOT, RICHARDS and HOLMAN, JJ.

OPINION

HOLMAN, Justice.

This appeal is related to our decision in Duran v. Resdoor Co., No. 02-97-075-CV (Tex.App.—Fort Worth, June 11, 1998) (not designated for publication) concerning Duran's claims against Resdoor Company, Inc. ("Resdoor") and R.E. Sweeney Company, Inc. ("Sweeny") for job-related injuries. Just prior to rendition of the judgment in the first suit, Duran filed this ERISA claim against Resdoor and Sweeney as administrators...

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