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BOOS v. AT&T, INC.

No. 10-50353.

643 F.3d 127 (2011)

Donald O. BOOS, on behalf of himself and all other persons similarly situated; Raymond D. Johnson, on behalf of himself and all other persons similarly situated; Wanda N. Myers, on behalf of herself and all other persons similarly situated, Plaintiffs-Appellants, v. AT&T, INCORPORATED; BellSouth Corporation; BellSouth Telephone Concession Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 3, 2011.

Attorney(s) appearing for the Case

Robert Joseph Barton (argued), Karen L. Hardorf , Cohen, Milstein, Sellers & Toll, P.L.L.C., Washington, DC, Renea Hicks , Law Office of Renea Hicks, David Weiser and Jeremy David Wright , Kator, Parks & Weiser, P.L.L.C., Austin, TX, Marc I. Machiz , Cohen, Milstein, Sellers & Toll, P.L.L.C., Philadelphia, PA, for Plaintiffs-Appellants.

Patrick William Shea (argued), Deborah E. Hryb, Paul, Hastings, Janofsky & Walker, L.L.P., New York City, Geoffrey Neal Amsel , AT&T Services, Dallas, TX, for Defendants-Appellees.

Before: GARZA, STEWART, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Donald Boos, Raymond Johnson, and Wanda Myers, representing themselves and those similarly situated (collectively, "Plaintiffs"), brought an enforcement suit against AT&T, Incorporated ("AT&T"), BellSouth Corporation ("BellSouth") and the BellSouth Telephone Concession Plan (collectively, "Defendants") under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Plaintiffs assert that Defendants...

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