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BENDER v. XCEL ENERGY, INC.

No. 06-2634.

507 F.3d 1161 (2007)

James BENDER; Roy R. Hewitt; Craig Mataczynski; John Noer; David Peterson, Appellants, v. XCEL ENERGY, INC, in its corporate capacity and as plan sponsor and administrator of the Xcel Energy, Inc. Deferred Compensation Plan, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 29, 2007.

Attorney(s) appearing for the Case

William O'Brien, argued, Kelly A. Jeanetta, Meg Luger-Nikolai, on the brief, Minneapolis, MN, for appellants.

Timothy R. Thornton, argued, Steven W. Wilson, Thomas J. Basting, Jr., James L. Altman, Daniel A. Shoemaker, on the brief, Minneapolis, MN, for appellee.

Before MURPHY, HANSEN, and SMITH, Circuit Judges.

HANSEN, Circuit Judge.

Appellants James Bender, Roy R. Hewitt, Craig Mataczynski, John Noer, and David Peterson (collectively referred to as "Appellants") are former NRG Energy, Inc. (NRG) executives who filed an action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a), against Xcel Energy, Inc. (Xcel), the successor of NRG's parent corporation, Northern States Power Company (NSP). The Appellants claimed that Xcel denied benefits...

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