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RHORER v. RAYTHEON ENGINEERS AND CONSTRUCTORS

No. 98-20347.

181 F.3d 634 (1999)

Susan RHORER, Individually as Independent Executrix of the Estate of James E. Rhorer, as Trustee of the Trusts created under the Last Will of James E. Rhorer, and on behalf of Raytheon Engineers & Constructors, Inc. Basic Life, Optional Life, Accidental Death and Dependent Life Insurance Plan, Plaintiff-Appellant, v. RAYTHEON ENGINEERS AND CONSTRUCTORS, INC., Basic Life, Optional Life, Accidental Death and Dismemberment, and Dependent Life Insurance Plan; Raytheon Engineers & Constructors, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 1999.

Attorney(s) appearing for the Case

Cynthia Levin Moulton, Berg, Androphy & Wilson, Lance Charles Arney, Bristow, Hackerman, Wilson & Peterson, Houston, TX, for Plaintiff-Appellant.

John Bruce Shely, Andrews & Kurth, Houston, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, DUHE and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

The plaintiff-appellant, Susan Rhorer ("Rhorer"), appeals the summary judgment dismissal of her suit to recover life insurance benefits under an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Rhorer initially filed a claim for benefits with the plan administrator, defendant-appellee, Raytheon Engineers & Constructors ("Raytheon"). Raytheon denied the...

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