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BROWN v. CONTINENTAL AIRLINES, INC.

No. 10-20015.

647 F.3d 221 (2011)

Glenn BROWN; Betsy Brown, Plaintiffs-Appellees v. CONTINENTAL AIRLINES, INC., Defendant-Appellant. The Continental Pilots Retirement Plan Administrative Committee, Continental Airlines, Inc., Plaintiffs-Appellants v. Glenn Brown; Betsy Brown; Jay Ellis; Carol Ellis; Eddie Lindsey; Delores N. Lindsey; Christine Lockert; James Lockert; Douglas Schull; Marjorie Schull; James Vial; Brenda M. Vial; Cindy Ernst; James Ernst, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 18, 2011.

Attorney(s) appearing for the Case

Joseph Y. Ahmad , Steven John Milby (argued), Ahmad, Zavitsanos & Anaipakos, P.C., Howard Taylor Dulmage , Law Offices of Howard T. Dulmage, P.L.L.C., Andrew S. Golub , Dow Golub Remels & Beverly, L.L.P., Craig K. Ribbeck , Houston, TX, for Appellees.

W. Carl Jordan (argued), Vinson & Elkins, L.L.P., Houston, TX, Tara Porterfield , Counsel, Vinson & Elkins, L.L.P., Austin, TX, for Appellants.

Before JOLLY, DeMOSS, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

This appeal involves the question of whether ERISA allows a retirement plan administrator to seek restitution of benefits that were paid to a plan participant's ex-spouse pursuant to a domestic relations order such as a divorce decree, if the administrator subsequently determines that the domestic relations order is based on a "sham" divorce. We agree with the district court's holding that the subsection of ERISA at issue here, 29 U.S.C. §...

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