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WEAVER v. KEEN

No. 10-99-305-CV.

43 S.W.3d 537 (2001)

Diana WEAVER, Independent Executrix of the Estate of Francis J. Weaver and Rita Marie Wilson Weaver, Appellants, v. Patsy KEEN, Appellee.

Court of Appeals of Texas, Waco.

Opinion Overruling Rehearing April 18, 2001.

Attorney(s) appearing for the Case

Steven W. Sloan, Thompson & Knight, L.L.P., Dallas, for appellant.

Maurice Bresenhan, Jr., Zukowski & Bresenhan, L.L.P., Houston, for appellee.

Before Chief Justice DAVIS Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

At issue is whether under federal law a former spouse, who was designated as the primary beneficiary of an ERISA1-qualified pension plan, is entitled to the proceeds under that plan. The former spouse argues that ERISA requires the administrator to follow the plan documents, i.e., pay the designated beneficiary (the former spouse) despite an intervening divorce. The contingent beneficiary's estate...

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