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STOFFELS EX REL. SBC v. SBC COMMUNICATIONS, INC.

No. 11-50148.

677 F.3d 720 (2012)

Frank STOFFELS, on Behalf of the SBC TELEPHONE CONCESSION PLAN and All Others Similarly Situated; James Belcher, on Behalf of the SBC Concession Plan and All Other Persons Similarly Situated; Burnie Joe Dunn, on Behalf of the SBC Concession Plan and All Other Persons Similarly Situated; Jack Giuliani, on Behalf of the SBC Concession Plan and All Other Persons Similarly Situated; Linda Villafane, on Behalf of the SBC Telephone Concession Plan and All Other Persons Similarly Situated, Plaintiffs-Appellants, v. SBC COMMUNICATIONS, INC.; SBC Telephone Concession Plan; AT&T, formerly known as SBC Communications, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 16, 2012.

Attorney(s) appearing for the Case

Robert Joseph Barton (argued), Karen L. Handorf , Cohen, Milstein, Sellers & Toll, P.L.L.C., Washington, DC, Marc I. Machiz , Cohen, Milstein, Sellers & Toll, P.L.L.C., Philadelphia, PA, for Plaintiffs-Appellants.

John Loyd Carter , Stacey Neumann Vu, Vinson & Elkins, L.L.P., Houston, TX, Geoffrey Neal Amsel , AT&T Services, Inc., Dallas, TX, Stephen H. Harris , Paul Hastings, L.L.P., Los Angeles, CA, Patrick William Shea (argued), Paul Hastings, L.L.P., New York City, for Defendants-Appellees.

Before STEWART, CLEMENT and GRAVES, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Frank Stoffels, James Belcher, Burnie Joe Dunn, Jack Giuliani, and Linda Villafane, representing themselves and those similarly situated (collectively, "Plaintiffs"), brought an enforcement suit against SBC Communications, Inc., SBC Telephone Concession Plan, and AT&T (collectively, "Defendants") under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Plaintiffs alleged that Defendants...

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