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MYERS-GARRISON v. JOHNSON & JOHNSON

No. 99-40520.

210 F.3d 425 (2000)

Belinda MYERS-GARRISON, Plaintiff-Appellant, v. JOHNSON & JOHNSON, Johnson & Johnson Hospital Services Incorporated; The Consolidated Retirement Plan of Johnson & Johnson and Affiliated Companies; Robert Darretta; Efrem B. Dlugacz; Roger S. Fine; Roger S. Heisen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 23, 2000.

Attorney(s) appearing for the Case

Richard Lyle Coffman (argued), Beaumont, TX, Allen C. Engerman, Law Offices of Allen C. Engerman, Boca Raton, FL, for Plaintiff-Appellant.

Steven W. Sloan (argued), J. Mike Holt, Thompson & Knight, Dallas, TX, for Johnson & Johnson, Johnson & Johnson Hosp. Services, Inc, and The Consolidated Retirement Plan of Johnson & Johnson and Affiliated Companies.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and JACK, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Belinda Myers-Garrison brought this nationwide class action on behalf of Johnson & Johnson employees, alleging that their pension benefits were reduced in violation of the Employee Retirement Income Security Act ("ERISA"). Myers-Garrison appeals the district court's granting of summary judgment for Johnson & Johnson based on its conclusion that the retirement plan was exempted from ERISA's protections against reductions...

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