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STOFFELS v. SBC COMMUNICATIONS, INC.

Civil Action No. SA-05-CA-0233 WWJ.

526 F.Supp.2d 645 (2007)

Frank STOFFELS, et al., on behalf of the SBC Concession Plan and all other persons similarly situated, Plaintiffs, v. SBC COMMUNICATIONS, INC., and the SBC Telephone Concession Plan, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

November 26, 2007.

Attorney(s) appearing for the Case

Marc I. Machiz, Cohen, Milstein, Hausfeld & Toll, PLLC, Philadelphia, PA, Matthew B. Kaplan, Michelle C. Yau, Robert Joseph Barton, Cohen, Milstein, Hausfeld & Toll, PLLC, Washington, DC, Paul D. Huckabay, San Antonio, TX, Max Renea Hicks, Law Office of Max Renea Hicks, Austin, TX, for Plaintiff.

John L. Carter, Logan E. Johnson, Stacey Neumann Vu, Vinson & Elkins, L.L.P., Houston, TX, Miriam M. Burke, Vinson & Elkins, L.L.P., Austin, TX, Patrick W. Shea, Paul, Hastings, Janoesky & Walker, LLP, Stamford, CT, for Defendants,

ORDER

WILLIAM WAYNE, Senior District Judge.

Before the Court for consideration is Defendant's Motion for Summary Judgment in the above numered and styled civil action. (Docket No. 210.) Though difficult to decipher from its Motion and Reply, Defendant, at bottom, bases its argument upon differing incantations of three basic arguments: (1) the Concession is not an ERISA pension plan; (2) if the. Concession were...

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