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MacLACHLAN v. EXXONMOBIL CORP.

No. 02-31249.

350 F.3d 472 (2003)

John MacLACHLAN; James Brown; Stephen K. Manley; Alaina Spurlock; Bernd Stahr; Michael Zainotz, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants, v. EXXONMOBIL CORPORATION (successor by merger to Mobil Corporation), as trustee administrator and fiduciary of retirement, savings, severance, separation, insurance, and other miscellaneous employee benefit/welfare plans of Mobil Corporation; Thomas C. Harrison, as Assistant Administrator Benefits of ExxonMobil Corporation, retirement, savings, severance, separation, insurance, and other miscellaneous benefit plans of ExxonMobil Corporation; Retirement Plan, also known as Mobil Retirement Plan; Comprehensive Medical Plan, also known as Mobil Medical Plan; Dental Assistance Provisions, also known as Mobil Dental Plan; Dependent Group Life Insurance Plan, also known as Mobil Group Life Insurance Plan; Disability Income Plan; Employee Stock Ownership Plan, also known as Mobil Stock Plan; Employee Savings Plan, also known as Mobil Savings Plan; Life Insurance Plan, also known as Mobil Life Insurance Plan; Pre-Social Security Plan, also known as Mobil Pre-Social Security Plan; Termination Allowance Plan; Employee Severance Plan, also known as Mobil Severance Plan; Employee Separation Benefit Plan, also known as Separation Benefit Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed November 20, 2003.

Attorney(s) appearing for the Case

Barbara Gale Haynie (argued), Kingsmill Riess, Brian Edward Adorno, New Orleans, LA, for Plaintiffs-Appellants.

Tony P. Rosenstein (argued), Baker Botts, Houston, TX, for ExxonMobil Corp.

Robert Beattie McNeal, Monica Levine Lacks, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Defendants-Appellees.

Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The six named plaintiffs, all workers who formerly performed services for Mobil Corporation while on the payroll of third-party companies, filed this class action complaint seeking retroactive employment benefits from ExxonMobil Corporation and other defendants (hereinafter collectively "Mobil"), after the merger of Mobil Corporation and Exxon Corporation, pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), as...

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