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BECKER v. WILLIAMS

No. 13-35069.

777 F.3d 1035 (2015)

Lawrence M. BECKER, as fiduciary of the Xerox Corporation Savings Plan and Xerox Corporation Retirement Income Guarantee Plan, Plaintiff, Carmen Stephanie Mays-Williams, Defendant-Appellee, v. Asa WILLIAMS, Jr., as personal representative of the Estate of Asa Willie Williams, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2015.

Attorney(s) appearing for the Case

Steven P. Krafchick , Krafchick Law Firm PLLC, Seattle, Wash., argued the cause and filed the briefs for the Defendant-Appellant. With him on the briefs was Lisa V. Benedetti , Krafchick Law Firm PLLC, Seattle, Wash.

Marcia P. Ellsworth , Peterson Russell Kelly, PLLC, Bellevue, Wash., argued the cause and filed a brief for the Defendant-Appellee. With her on the brief was Merryn B. DeBenedetti , Peterson Russell Kelly, PLLC, Bellevue, Wash.

Before: DIARMUID F. O'SCANNLAIN, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

We must decide whether a decedent succeeded in his attempt to ensure that his son — and not his ex-wife — received the benefits to which his employer's retirement plans entitled him.

I

A

When he retired in October 2004, Asa Williams, Sr., ("Asa, Senior") had...

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