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LOWRY v. BANKERS LIFE AND CAS. RETIREMENT PLAN

No. 88-1164.

865 F.2d 692 (1989)

Donald A. LOWRY, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY RETIREMENT PLAN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 28, 1989.

Attorney(s) appearing for the Case

Boyd & Adams, Carl D. Adams, Dallas, Tex., for plaintiff-appellant.

Moore & Peterson, Stuart M. Reynolds, Jr., Jennifer Bolen-Almquist, Dallas, Tex., for defendants-appellees.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.

GOLDBERG, Circuit Judge:

This appeal concerns a claim for benefits under qualified pension plans regulated by the Employee Retirement Income Security Act ("ERISA"). The case was brought under 29 U.S.C. § 1132 (1982). The district court's opinion is published at 678 F.Supp. 635 (N.D.Tex.1988).

Appellant Donald Lowry ("Lowry"), seeks additional retirement benefits based on overwrite commissions that he received in 1979...

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