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LEONARD v. SOUTHWESTERN BELL CORP. DIS. INCOME

Nos. 04-2752, 04-3363.

408 F.3d 528 (2005)

Marion LEONARD, Plaintiff-Appellant, Robert D. Price; Joseph A. Puszkar, III, Intervenor Plaintiff-Appellants, v. SOUTHWESTERN BELL CORPORATION DISABILITY INCOME PLAN; Southwestern Bell Corporation Pension Benefit Plan; Southwestern Bell Corporation, also known as SBC Communications, as Plan Administrator and a Named Fiduciary of Southwestern Bell Corporation Disability Income Plan and of Southwestern Bell Corporation Pension Benefit Plan; Benefit Plan Committee of Southwestern Bell Corporation Disability Income Plan, as Fiduciaries of Southwestern Bell Corporation Disability Income Plan; Benefit Plan of Southwestern Bell Corporation Pension Benefit Plan, as Fiduciaries of Southwestern Bell Corporation Pension Benefit Plan; Southwestern Bell Telephone, L.P., as a participating company and a Named Fiduciary in the Southwestern Bell Corporation Disability Income Plan and Southwestern Bell Corporation Pension Benefit Plan; Benefit Plan Committee of Southwestern Bell Telephone Company, as the Named Fiduciary designated by Southwestern Bell Telephone Company with respect to claims and administration of benefits of employees of Southwestern Bell Telephone Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2005.

Rehearing and Rehearing Denied June 30, 2005.

Attorney(s) appearing for the Case

Sheldon Weinhaus, argued, St. Louis, MO (William T. Payne, on the brief), for appellant.

Richard J. Pautler, argued, St. Louis, MO (Lewis R. Mills and Patricia A. Winchell, on the brief), for appellee.

Before MURPHY, BRIGHT, and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 30, 2005.*

BRIGHT, Circuit Judge.

This case is before us for the second time.1 Appellant, Marion Leonard, appeals from the final judgment of the district court on five grounds. We vacate the judgment and remand for further proceedings by the district court.

Procedural History and Rulings Appealed From

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