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PRESCOTT v. LITTLE SIX, INC.

No. 03-3702.

387 F.3d 753 (2004)

Leonard F. PRESCOTT, F. William Johnson, Peter Riverso, Appellees, v. LITTLE SIX, INC., in its capacity as plan administrator for the Little Six, Inc., Executive 457 Plan, the Little Six, Inc., Supplemental Retirement Plan, the Little Six, Inc., Life Insurance Plan, the Little Six, Inc., Separation Pay Plan and the Little Six, Inc., Retention Plan; The Little Six, Inc., Supplemental Retirement Plan; The Little Six, Inc., Life Insurance Plan; The Little Six, Inc., Separation Pay Plan; The Little Six, Inc., Retention Plan; The Little Six, Inc., Executive 457 Plan, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 2004.

Rehearing and Rehearing Denied December 8, 2004.

Attorney(s) appearing for the Case

Steven Forrest Olson, argued, Bloomington, MN, for appellant.

Steven E. Wolter, argued, Minneapolis, MN (Douglas A. Kelley, on the brief), for appellee.

Before WOLLMAN, HEANEY, and BOWMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 8, 2004.

BOWMAN, Circuit Judge.

Little Six, Inc. ("LSI"), a corporation organized pursuant to the laws of the Shakopee Mdewakanton Sioux (Dakota) Community Indian tribe ("the Tribe"), appeals the decision of the District Court denying LSI's motion to dismiss claims brought by former executive employees of LSI for payment of benefits under employee benefit plans purportedly created by LSI. Because we determine...

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