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KUJANEK v. HOUSTON POLY BAG I, LTD.

No. 10-20664.

658 F.3d 483 (2011)

Kenneth KUJANEK, Plaintiff-Appellee, v. HOUSTON POLY BAG I, LIMITED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 2011.

Attorney(s) appearing for the Case

Kathleen Anne Carney O'Connor (argued), John Bruster Loyd (argued), Jones, Gillaspia & Loyd, L.L.P., Houston, TX, for Plaintiff-Appellee.

George William Vie, III (argued), Mills Shirley, L.L.P., Houston, TX, Adrienne B. Kvello , Mills Shirley, L.L.P., Galveston, TX, for Defendant-Appellant.

Before SMITH and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Kenneth Kujanek sued his former employer, Houston Poly Bag I, Ltd. ("Houston Poly"), under the Employee Retirement Income Security Act ("ERISA")1 to recover profit sharing and retirement benefits that were allegedly withheld from him. During Kujanek's employment with Houston Poly he accrued a significant amount of vested benefits in a profit-sharing plan that Houston Poly offered to its employees. After...

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