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VANDERKAM v. VANDERKAM

No. 13-5163.

776 F.3d 883 (2015)

John VANDERKAM and Gaylyn Dieringer, Appellants v. Melissa VANDERKAM, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 2015.

Attorney(s) appearing for the Case

Joseph R. Jeffery argued the cause and filed the briefs for appellants.

Charles F. Fuller argued the cause and filed the briefs for appellee.

Concurring opinion filed by Senior Circuit Judge GINSBURG.

The Employee Retirement Income Security Act of 1974 (ERISA) entitles certain spouses of pension plan participants to a survivor annuity unless waived pursuant to clearly defined procedures. In this case, the pension plan participant concedes that ERISA vested an annuity in his ex-wife, but nonetheless argues that Texas law...

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