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ASHLEY v. HAYS

Civ. A. No. H-84-1677.

647 F.Supp. 251 (1986)

Fred ASHLEY, on Behalf of Himself and Others Similarly Situated, Plaintiffs, v. James E. HAYS, Roland Loewen, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

May 19, 1986.

Attorney(s) appearing for the Case

Kenneth B. Levi, Ducoff & Chanon, Houston, Tex., for plaintiffs.

O. Theodore Dunkins, Jr., Butler & Binion, Houston, Tex., for Hayes & Loewen.

A. Mortin Wickliff, Mayor, Day & Caldwell, Houston, Tex., for RepublicBank.

Kathryn S. Page, Baker & Botts, Houston, Tex., for Banker's Life Ins. Co.

ORDER

McDONALD, District Judge.

Pending before the Court is Defendants', James E. Hays, Roland Loewen, Bankers Life Company and RepublicBank, formerly known as Houston National Bank, Motion for Summary Judgment. Plaintiff, Fred Ashley, brought suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. (1985), seeking a lump sum payment of pension benefits instead of an annuity when the company plan (the "Plan...

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