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SPACEK v. MARITIME ASS'N

No. 96-20480.

134 F.3d 283 (1998)

Daniel A. SPACEK, Plaintiff-Appellee, v. The MARITIME ASSOCIATION, I L A PENSION PLAN, and Trustees of the Agreement of Trust, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 22, 1998.

Attorney(s) appearing for the Case

Blair B. Brininger, Houston, TX, for Plaintiff-Appellee.

James Patrick Cooney, Jeffrey James Putnam, Royston, Rayzor, Vickery & Williams, Houston, TX, for Defendant-Appellant.

Before KING and PARKER, Circuit Judges, and ROSENTHAL, District Judge.

KING, Circuit Judge:

Daniel A. Spacek sued the Maritime Association — I.L.A. Pension Plan and its trustees, alleging that they wrongfully suspended payment of his early retirement benefits pursuant to a plan amendment adopted after he retired, in violation of the Employee Retirement Income Security Act and the common law of contracts. Both sides filed motions for summary judgment, and the district court granted in part and denied in part each motion. The district...

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