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ALLIANT TECHSYSTEMS, INC. v. MARKS

No. 05-3614.

465 F.3d 864 (2006)

ALLIANT TECHSYSTEMS, INC., as sponsor and Administrator of the Alliant Techsystems Inc. 401(k) Plan, Plaintiff, v. Tracy C. MARKS, Defendant-Appellant, v. Irwin Bank & Trust, as Guardian of the Estate of Rose A. Marier, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 19, 2006.

Attorney(s) appearing for the Case

Denise Y. Tataryn, argued, Minneapolis, MN (Marshall H. Tanick, Minneapolis, MN, on the brief), for Appellant.

Katherine L. MacKinnon, argued, St. Louis Park, MN, for Appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and COLLOTON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Tracy Marks appeals from an order of the district court denying her the benefits from a 401(k) Plan of Alliant Techsystems, Inc., which her former stepfather James Marier had maintained. Tracy and James's mother, Rose Marier, made competing claims for the benefits following James's death. The Plan initially determined that Tracy was entitled to the benefits, but, after Rose appealed, it filed this interpleader action to determine the...

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