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RIVERS v. CENTRAL AND SOUTH WEST CORP.

No. 98-31112.

186 F.3d 681 (1999)

Rheba Hawthorne Franklin RIVERS, Plaintiff-Appellant, v. CENTRAL AND SOUTH WEST CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 7, 1999.

Attorney(s) appearing for the Case

Jack H. Kaplan, Gamm, Greenberg & Kaplan, Shreveport, LA, for Plaintiff-Appellant.

Bobby Stephen Gilliam, William Allen Haynes, Wilkinson, Carmody & Gilliam, Shreveport, LA, for Central & South West Corp. and Southwestern Elec. Power Co.

Geoffrey D. Westmoreland, Katherine Clark Hennessey, Wiener, Weiss & Madison, Shreveport, LA, for Franklin.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Rheba Hawthorne Franklin Rivers ("Rivers") seeks a judgment awarding her a portion of the pension benefits currently being paid to the second wife, and widow, of pension plan participant Perry Franklin ("Franklin"). Rivers, Franklin's ex-wife, asserts that she is both a "participant" and "beneficiary" as contemplated under ERISA and that the district court erred by determining that Franklin's pension benefits had irrevocably vested...

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