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WILDBUR v. ARCO CHEMICAL CO.

No. 91-4255.

974 F.2d 631 (1992)

KENNETH E. WILDBUR, Sr., et al., Plaintiffs-Appellants, v. ARCO CHEMICAL CO., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing and Denial of Suggestion for Rehearing December 7, 1992.

Attorney(s) appearing for the Case

Mark Ostrich, Lafayette, La., for plaintiffs-appellants.

Howard Shapiro, Robert K. McCalla, Pyburn & Ridley, Elvige C. Richards, Heather G. Magier, McCalla, Thompson, Pyburn & Ridley, New Orleans, La., for Atlantic Richfield Retirement.

Before KING and WIENER, Circuit Judges, and LAKE, District Judge.

As Modified on Denial of Rehearing and Denial of Suggestion for Rehearing En Banc December 7, 1992.

SIM LAKE, District Judge:

Plaintiffs appeal from a summary judgment denying them benefits under their employer's ERISA plans because the district court concluded that plaintiffs were never terminated from employment. Plaintiffs argue that although the district court properly applied, a de novo standard in reviewing the eligibility determinations of the...

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