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KENNEDY v. PLAN ADM'R FOR DUPONT SAV. AND INV.

No. 05-41851.

497 F.3d 426 (2007)

Kari Ellen KENNEDY, Independent Executrix of The Estate of William Patrick Kennedy, Deceased, Plaintiff-Appellee-Cross-Appellant, v. PLAN ADMINISTRATOR FOR DUPONT SAVINGS AND INVESTMENT PLAN; E.I. DuPont de Nemours & Company, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 2007.

Attorney(s) appearing for the Case

Stacy Lynn Kelly (argued), Erin Elizabeth Eggleston, MacIntyre & McCulloch, David Allen Furlow, Thompson & Knight, Houston, TX, Amber S. Brady, Lubbock, TX, for Kennedy.

Raymond Michael Ripple (argued), Donna L. Goodman, DuPot Legal, Wilmington, DE, Elizabeth Brandes Pratt, Mehaffy & Weber, Beaumont, TX, for DuPont.

Before GARWOOD, BARKSDALE and GARZA, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The issues raised by each side are governed by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (ERISA). The Plan Administrator for DuPont Savings and Investment Plan and E.I. DuPont de Nemours & Co. (DuPont) contests the summary judgment awarded the estate of William Patrick Kennedy for benefits under a retirement plan. The Estate challenges the denial of attorney's fees. VACATED AND RENDERED...

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