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DIAL v. NFL PLAYER SUPPLEMENTAL DISABILITY PLAN

No. 97-21045.

174 F.3d 606 (1999)

Gilbert "Buddy" DIAL, Plaintiff/Counter Defendant/Appellee, v. NFL PLAYER SUPPLEMENTAL DISABILITY PLAN, Defendant/Counterclaimant/Third-Party Plaintiff/Appellant, v. Janice Marye, Third-Party Defendant/Appellant.

United States Court of Appeals, Fifth Circuit.

May 7, 1999.

Attorney(s) appearing for the Case

Tom Preston Alexander, Alexander & Associates, Houston, TX, Fields Alexander, Brown McCarroll & Oak Hartline, Austin, TX, for Gilbert "Buddy" Dial.

Lonie A. Hassel, William F. Hanrahan, Douglas W. Ell, Groom Law Group, Chartered, Washington, DC, for NFL Player Supplemental Disability Plan.

Brian Graff, Arlington, VA, for American Society of Pension Actuaries, Amicus Curiae.

T.J. Wray, Stacey L. Shawn, Fulbright & Jaworski, Houston, TX, for Janice Marye.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

An ERISA-qualified employee benefits plan and a potential beneficiary challenge a district court's determination on distribution of benefits. We vacate and remand to the district court to render judgment in favor of the defendant/counter-claimant/third-party plaintiff/appellant and to consider the third-party defendant/appellant's request for attorneys' fees.

I

Gilbert "Buddy" Dial and Janice Marye married in 1959 and divorced...

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