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CARRABBA v. RANDALLS FOOD MARKETS, INC.

No. 4:96-CV-651-A.

38 F.Supp.2d 468 (1999)

Joe CARRABBA, Jr., et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. RANDALLS FOOD MARKETS, INC., Defendant.

United States District Court, N.D. Texas, Fort Worth Division.

February 18, 1999.

Attorney(s) appearing for the Case

Robert Lee Wright, William Whitchill, and Elaine A. Murphy, Gardere & Wynne, Dallas, TX, Thomas Francis Dunn, Dunn & Roark, Arlington, TX, for plaintiffs.

Robert Lee Wright, Gardere & Wynne, Dallas, TX, for Barbara A. Williams, Loyd Wellesley, Willard P. Correll, Sr., Bruce Philpot, J. Bruce Gray, Rick Williams, Joe Cutrer, Roberto G. Fermamdez Vinas, Thomas D. McCarthy, Wylie Holmes, Dave Fortner, Jack D. Neal, Floyd E. Fulcher, Michael Chessmore, Ima Dell Irvin, Gregory E. Smith.

Elaine A. Murphy, Gardere & Wynne, Dallas, TX, for Jack W. Sprabary, Robert L. Stockton, Carroll E. Brown, Michael J. Hammer, Scott E. Peterson, William H. Mansfield, Jr., James S. Standifer, Bettie J. Garrett, Cherie J Stowe, Arvil R Martin, Jr., Sanford W. Maynard, Denise P. Miller, Everett G. Grosgebauer.

George Walter Bramblett, Jr., Thomas Joseph Williams, Haynes & Boone, Dallas, TX, for Randalls Food Markets Inc.

MEMORANDUM OPINION and ORDER

McBRYDE, District Judge.

On October 26, 1998, the court conducted a non-jury trial on the issue of whether the employee pension benefit plan known as the Management Security Plan for Cullum Companies ("MSP"), of which the named plaintiffs and the class of persons they represent in this action ("Class") were participants, was "maintained by an employer primarily for the purpose of providing deferred compensation for a select...

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