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PATTON v. DENVER POST CORP.

No. 02-1040.

326 F.3d 1148 (2003)

Barbara A. PATTON, formerly known as Barbara A. Phipers, Plaintiff-Appellee, v. The DENVER POST CORPORATION; Denver Post-Denver Guild Pension Plan, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 23, 2003.

Attorney(s) appearing for the Case

Michael J. Hofmann (Mary Hurley Stuart with him on the briefs) of Holme Roberts & Owen LLP, Denver, CO, for Defendants-Appellants.

Daniel S. Hoffman of Hoffman Reilly Pozner & Williamson, LLP, Denver, CO (Mary J. Kelly of Mary J. Kelly, P.C., Denver, CO, with him on the brief), for Plaintiff-Appellee.

Before SEYMOUR, McKAY and MURPHY, Circuit Judges.

SEYMOUR, Circuit Judge.

Eleven months after the death of Barbara Patton's former husband William Todd Phipers, Ms. Patton sought a declaration in federal court that a state domestic relations order granting her survivor benefits in her former husband's pension plan was a "qualified domestic relations order" (QDRO) under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1056(d)(3). The state court had...

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