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ESTATE OF KENSINGER v. URL PHARMA, INC.

No. 10-4525.

674 F.3d 131 (2012)

ESTATE OF William E. KENSINGER, Jr., Appellant, v. URL PHARMA, INC.; Adele Kensinger.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 20, 2012.

Attorney(s) appearing for the Case

Lori M. McNeely, Esq. (Argued), McNeely McGuigan & Biody, Moorestown, NJ, for Appellant.

Michael S. Rothmel, Esq. (Argued), Mount Holly, NJ, Daniel J. Bitonti, Esq. , Cozen O'Connor , Cherry Hill, NJ, for Appellees.

Before: HARDIMAN, BARRY, Circuit Judges and RUFE, District Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

This is a dispute over the disposition of proceeds from a decedent's ERISA-governed 401(k) plan. The decedent, William Kensinger ("William") was married to Adele Kensinger ("Adele") until their divorce in 2008. As part of their divorce decree, Adele waived her right to the proceeds of William's 401(k) plan. William, however, neglected to replace Adele as the designated beneficiary of his 401(k) plan prior to his...

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