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LOPEZ EX REL. GUTIERREZ v. PREMIUM AUTO ACCEPTANCE

No. 03-11264.

389 F.3d 504 (2004)

June LOPEZ, As next friend of the Estate of Gloria GUTIERREZ, Deceased, Plaintiff-Appellant, v. PREMIUM AUTO ACCEPTANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 2, 2004.

Attorney(s) appearing for the Case

Nathan Butler Schattman (argued), David Lynn Fielding, Fielding, Parker, Jones & Posey, Fort Worth, TX, for Plaintiff-Appellant.

Richard A. Illmer, Chad A. Johnson (argued), Brown McCarroll, Dallas, TX, for Defendant-Appellee.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant June Lopez (Lopez), on behalf of the estate of her deceased mother, Gloria Gutierrez (Gutierrez), appeals the limitations based summary judgment in favor of defendant-appellee Premium Auto Acceptance Corporation (Premium) on her claims under the Employee Retirement Income Security Act (ERISA) of 1974, 29 U.S.C. § 1001 et seq., and the Consolidated Omnibus Budget Reconciliation...

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