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FOSTER v. PPG INDUSTRIES, INC.

No. 10-5123.

693 F.3d 1226 (2012)

William FOSTER, Plaintiff-Appellant, v. PPG INDUSTRIES, INC., a corporation; PPG Industries Employee Savings Plan, an Erisa plan, Defendants-Third-Party-Plaintiffs-Appellees, and Patricia Foster, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

Steven R. Hickman , Frasier, Frasier & Hickman, LLP, Tulsa, OK, for Plaintiff-Appellant.

John H. Tucker ( Randall E. Long , with him on the brief), Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK, for Defendant-Third-Party-Plaintiff-Appellees.

Before HARTZ, EBEL, and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant William Foster ("Foster") sued his former employer, Defendant-Appellee PPG Industries, Inc. ("PPG"), and Defendant-Appellee the PPG Industries Employee Savings Plan (the "Plan") (collectively, "Defendants") under the Employee Retirement Income Security Act ("ERISA") to recover Plan benefits allegedly due him after Foster's ex-wife fraudulently withdrew Foster's entire Plan account balance. The district court upheld the decision...

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