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DUGGINS v. FLUOR DANIEL, INC.

No. 99-30502.

217 F.3d 317 (2000)

David D. DUGGINS, Plaintiff-Appellant, v. FLUOR DANIEL, INC., Defendant, Stacey Lynn Carpenter; Michael Lee Newsom; Patty Lynn Puckett; Charles Steven Newsom, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 29, 2000.

Attorney(s) appearing for the Case

Bonnie L. Zakotnik, New Orleans, LA, for Duggins.

James L. Melchers, Kenner, LA, for Carpenter.

James C. Arceneaux, III, Graham & Arceneaux, New Orleans, LA, for Michael and Charles Newsom and Puckett.

Before JONES and BENAVIDES, Circuit Judges, and COBB, District Judge.

BENAVIDES, Circuit Judge:

Appellant David D. Duggins ("Duggins") appeals the district court's ruling that decedent C. Fred Newsom ("Newsom") designated Duggins the beneficiary of his ERISA plan in Duggins's capacity as executor of Newsom's estate, rather than in Duggins's individual capacity. The parties agree as to all the pertinent facts. Newsom had originally designated his daughter, Stacey Lynn Carpenter ("Carpenter"...

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