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NICKEL v. ESTATE OF ESTES

Nos. 96-10797, 96-10979.

122 F.3d 294 (1997)

R. Scott NICKEL, as Plan Benefit Administrator of the Thrift Plan of Phillips Petroleum Company; Thrift Plan of Phillips Petroleum Company, Plaintiffs-Counter Defendants-Appellees, v. Estate of Lurline ESTES, Defendant-Cross Defendant-Appellee, Estate of Annie J. Layman, Defendant-Counter Claimant-Appellant, Clifford D. Estes; Lisa C. Williams, Defendants-Cross Defendants-Appellees, Tom Fowler; C.W. Fowler; R.L. Layman; Barbara Peeples, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 22, 1997.

Attorney(s) appearing for the Case

Gerald G. Bybee, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, TX, for Defendants-Appellees.

Floyd Holt Richards, Dalhart, TX, for Defendants-Counter Claimants-Appellants.

Before REYNALDO G. GARZA, SMITH and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this case, a decedent's cousins (including a step-cousin) appeal the district court's decision that the decedent's children are entitled to his pension benefits. We reverse and render judgment in favor of the cousins.

I

Benny Brooks Estes ("Benny"), a former employee of Phillips Petroleum Company ("Phillips"), had a vested interest in Phillips' Thrift Plan. Benny designated his father and mother — Onis B...

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