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MILLER v. PENSION PLAN FOR EMP. OF COASTAL CORP.

No. 89-1431.

780 F.Supp. 768 (1991)

Fred T. MILLER, Plaintiff, v. PENSION PLAN FOR EMPLOYEES OF the COASTAL CORPORATION; the Coastal Corporation, A Delaware Corporation, Defendants.

United States District Court, D. Kansas.

December 31, 1991.

Attorney(s) appearing for the Case

Robert W. Kaplan, Kaplan & McMillan, Wichita, Kan., for plaintiff.

Charles P. Efflandt, Foulston & Siefkin, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendants' motion for summary judgment. Plaintiff brings this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1132(a)(1)(B), to recover certain pension plan benefits under the Pension Plan for Employees of the Coastal Corporation. Plaintiff's theory of recovery is based not on the terms of the written pension plan but...

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